Patna High Court
Sharwan Sah @ Shravan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sharwan Sah, applied for bail in a criminal case (Town PS Case No.519 of 2024) concerning alleged offences under Sections 140(3), 143(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 relating to the disappearance of an infant. The prosecution alleged that a guard, Jyoti Mishra, handed the baby to a lady in a red saree, and the petitioner was implicated solely on the basis of confessional statements of co‑accused persons, although his name does not appear in the FIR. The co‑accused, including Jyoti Mishra and others, had already been granted bail by the same court in earlier related matters. The petitioner argued that he has clean antecedents, has been in custody since 24‑09‑2025, and that the charge‑sheet has been filed. The Additional Public Prosecutor opposed bail, but the court considered the lack of direct evidence against the petitioner and the precedent of bail to co‑accused. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The application for bail was therefore allowed.
Issues considered
- Whether bail should be granted to the petitioner who is not named in the FIR and is implicated only through confessional statements of co‑accused.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 140(3), 143(4), 3(5)
Subjects
- bail
- criminal procedure
- confessional statements
- infant abduction
- Bharatiya Nyaya Sanhita
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50 of 2026
Arising Out of PS. Case No.-519 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Sharwan Sah @ Shravan Sah, (M), aged about 41 years, S/o Basudeo Sah,
resident of Village- Bhagwanpur, Police Station- Lakho, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Town
PS Case No.519 of 2024 dated 16.09.2024, instituted for the
offence punishable under Sections 140(3), 143(4), 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that on the alleged
date of occurrence the informant was on regular checking duty
and she found that the baby of victim Nandani was not on her
bed. On enquiry made by her, she was told by the nurse that the
guard Jyoti Mishra took the infant to her mother for feeding. It
is further alleged that after some time she received information
that the same baby is missing. From the CCTV footage, it
appeared that the guard Jyoti Mishra had handed the informant
Patna High Court CR. MISC. No.50 of 2026(2) dt.15-01-2026
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to another lady, who was in red saree.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. Only on the basis of
confessional statement of Jyoti Kumari @ Jyoti Mishra and
Sunaina Devi @ Sulena Devi, the petitioner has been made
accused in this case. It is further submitted that co-accused Jyoti
Kumari @ Jyoti Mishra and Sulena Devi confessed their guilt
and on their disclosure the infant baby was recovered from the
house of Sita Devi. Further submission is that co-accused, Jyoti
Kumari @ Jyoti Mishra, Kunti Devi @ Sunaina Devi @ Sulena
Devi and Seeta Devi @ Ruby Devi have been granted bail by a
co-ordinate Bench of this Court vide order dated 02.05.2025
passed in Cr. Misc. No. 1422 of 2025, Cr. Misc. No.897 of
2025 and Cr. Misc. No.3043 of 2025 respectively. Lastly, it is
submitted that the petitioner is in custody since 24.09.2025
having clean antecedents. Charge-sheet has been submitted in
the case.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.50 of 2026(2) dt.15-01-2026
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each to the satisfaction of the Chief Judicial Magistrate,
Begusarai, in Town PS Case No.519 of 2024.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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