Patna High Court
Rajesh Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to both petitioners, finding that the seizure list raised doubt and the investigation was complete.
Summary
The High Court considered two bail applications filed by Kheshari Khan and Rajesh Kumar Gupta in connection with a theft case (Hisua P.S. Case No. 30 of 2025) involving alleged theft of silver ornaments. Both petitioners were not named in the FIR and were arrested based on confessional statements of co‑accused, with the seizure list showing a larger quantity of silver recovered from them than alleged stolen. The petitioners argued that the seizure list was unsupported by independent witnesses and that the investigation was complete, rendering tampering unlikely. The State could not dispute the seizure list but opposed bail. The Court noted that the discrepancy in the seizure list raised doubt about the prosecution's case and, given the completed investigation, ordered bail for each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions under Cr.P.C. s.437(3) and BNS s.480(3).
Issues considered
- Whether bail should be granted to petitioners not named in the FIR but implicated through co‑accused confessions
- Whether the seizure list, lacking independent witness support, creates reasonable doubt justifying bail
- Whether the completion of investigation and filing of charge‑sheet precludes tampering and affects bail considerations
Legislation cited
- Bihar Negotiable Substances Act (BNS) — s. 111, 303(2), 317(2), 331, 334(1), 61(2)
- Criminal Procedure Code (Cr.P.C.) — s. 437(3)
Subjects
- bail
- seizure list
- confessional statement
- criminal antecedent
- investigation completed
- BNS
- Cr.P.C. 437
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84013 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- HISUWA District- Nawada
======================================================
Kheshari Khan @ Babar @ Ibrar S/O Md. Kamruddin @ Kamruddin R/O
Mohalla- Gewal Bigha, P.S.- Rampur, Dist.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 4883 of 2026
Arising Out of PS. Case No.-30 Year-2025 Thana- HISUWA District- Nawada
======================================================
Rajesh Kumar Gupta S/o Late Ganga Prasad Gupta R/o Village- Tower
Chowk, P.S- Kotwali, Dist- Gaya, Bihar. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 84013 of 2025)
For the Petitioner/s : Mr.Tabish Sharfuddin, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
(In CRIMINAL MISCELLANEOUS No. 4883 of 2026)
For the Petitioner/s : Mr.Sudhir Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Cr. Misc. No. 84013 of 2025
Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Hisua
P.S. Case No. 30 of 2025, registered for the offence under
Sections 334(1), 303(2), 317(2) of BNS.
3. The accused/petitioner is not named in the F.I.R.
and is in custody since 01.09.2025.
4. As per FIR, some miscreants committed theft in
Patna High Court CR. MISC. No.84013 of 2025(2) dt.06-02-2026
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the jewellery shop of the informant.
5. Learned counsel appearing on behalf of the
petitioner submitted that the name of this petitioner
transpired during the course of investigation on the basis of
confessional statement of co-accused, namely, Rajesh Kumar
Gupta. It is further pointed out that in terms of allegation only
05 Kg of silver ornaments was alleged to be stolen but as per
seizure list, it appears 13.12 Kg of silver plate was recovered
from the possession of this petitioner, which falsified the
entire allegation. It is also pointed out that seizure list is not
supported by independent witnesses, rather by police
personnels. While concluding argument, it is submitted that
investigation of this case is already completed, for which
charge-sheet has been submitted, as such, there is no chance
of tampering with the evidence.
6. Explaining criminal antecedent, it is submitted
that petitioner found involved in 5 more criminal cases. It is
submitted that if the merit of this case is otherwise convincing
in favour of the accused/petitioner merely on the basis of
criminal antecedents, the prayer of bail ordinarily should not
Patna High Court CR. MISC. No.84013 of 2025(2) dt.06-02-2026
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be declined. In support of his submission, learned counsel
relied upon the legal report of Hon’ble Supreme Court
available through Prabhakar Tewari Vs. State of Uttar
Pradesh and Another reported in (2020) 11 SCC 648.
7. Learned APP while opposing the prayer of bail
could not disputed the seizure list, as submitted aforesaid.
8. Considering the aforesaid factual submissions
and by taking note of fact as prima facie seizure list creates a
doubt qua recovery of alleged stolen silver ornaments from
the possession of this petitioner, coupled with the fact that
investigation of this case is already completed, where
petitioner remains in custody since 01.09.2025, accordingly,
petitioner above named, is directed to be released on bail in
connection with Hisua P.S. Case No. 30 of 2025, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-11th, Nawada/concerned
Court, subject to the conditions as mentioned under Section
437(3) of the Cr.P.C./Section 480(3) of BNSS.
Patna High Court CR. MISC. No.84013 of 2025(2) dt.06-02-2026
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Cr. Misc. No. 4883 of 2026
Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Hisua
P.S. Case No. 30 of 2025, registered for the offence under
Sections 334(1), 303(2), 313, 317(2), 331. 111, 61(2), 3/5
of BNS, 2023.
3. The accused/petitioner is not named in the F.I.R.
and is in custody since 29.08.2025.
4. As per FIR, some miscreants committed theft in
the jewellery shop of the informant.
5. Learned counsel appearing on behalf of the
petitioner submitted that the name of this petitioner
transpired during the course of investigation on the basis of
confessional statement of co-accused, namely, Gautam
Kumar, who has been granted bail by one of the learned co-
ordinate Bench of this Court through Cr. Misc. No. 35133 of
2025 dated 03.09.2025. It is further pointed out that in
terms of allegation only 05 Kg of silver ornaments was alleged
to be stolen but as per seizure list, it appears 13.12 Kg of
Patna High Court CR. MISC. No.84013 of 2025(2) dt.06-02-2026
5/6
silver plate was recovered from the possession of this
petitioner, which falsified the entire allegation. It is also
pointed out that seizure list is not supported by independent
witnesses, rather by police personnels. While concluding
argument, it is submitted that investigation of this case is
already completed, for which charge-sheet has been
submitted, as such, there is no chance of tampering with the
evidence.
6. Explaining criminal antecedent, it is submitted
that petitioner found involved in 13 more criminal cases. It is
submitted that if the merit of this case is otherwise convincing
in favour of the accused/petitioner merely on the basis of
criminal antecedents, the prayer of bail ordinarily should not
be declined. In support of his submission, learned counsel
relied upon the legal report of Hon’ble Supreme Court
available through Prabhakar Tewari Vs. State of Uttar
Pradesh and Another reported in (2020) 11 SCC 648.
7. Learned APP while opposing the prayer of bail
could not disputed the seizure list, as submitted aforesaid.
8. Considering the aforesaid factual submissions
Patna High Court CR. MISC. No.84013 of 2025(2) dt.06-02-2026
6/6
and by taking note of fact as prima facie seizure list creates a
doubt qua recovery of alleged stolen silver ornaments from
the possession of this petitioner, coupled with the fact that
investigation of this case is already completed, where
petitioner remains in custody since 29.08.2025, accordingly,
petitioner above named, is directed to be released on bail in
connection with Hisua P.S. Case No. 30 of 2025, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Sessions Court, Nawada/concerned Court, subject to
the conditions as mentioned under Section 437(3) of the
Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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