Patna High Court
Md. Basir @ Basir @ YasirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Md. Basir and Shyam Kumar Soni, applied for regular bail in a theft case (Barsoi PS Case No. 58 of 2025) involving alleged theft of gold and silver. They argued they were falsely implicated, not named in the FIR, and no material was recovered from them despite a confessional statement. The State opposed bail, citing other pending cases against the petitioners. The court noted the petitioners had been in custody for over six months and the confessional statement had not led to any recovery. Considering these facts and precedent of bail being granted to co-accused in similar cases, the court ordered bail on a bond of Rs.10,000 each with two sureties, subject to cooperation with the trial.
Issues considered
- Whether regular bail should be granted to the petitioners under Sections 331(4), 305 and 317 of the BNS given the circumstances of the case.
- Whether the existence of a confessional statement without material recovery justifies continued detention.
Legislation cited
- Bihar Negotiable Instruments Act — s. 305, 317, 331(4)
Subjects
- bail
- regular bail
- confessional statement
- theft
- criminal procedure
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64762 of 2025
Arising Out of PS. Case No.-58 Year-2025 Thana- BARSOI District- Katihar
======================================================
1. Md. Basir @ Basir @ Yasir S/O Md. Saeed R/O Baluhat, PS- Kachna, Distt-
Katihar
2. Shyam Kumar Soni S/O Ganeshi Sah R/O Barsoi Masjid Chowk, PS-
Barsoi, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 12-01-2026 Heard the learned counsel for the petitioners as
well as the learned Additional Public Prosecutor for the State.
2. The petitioners are seeking regular bail in
connection with Barsoi P.S. Case No. 58 of 2025, registered for
the offences punishable under Sections 331(4), 305 and 317 of
the BNS.
3. The allegation in the FIR is that some unknown
miscreants committed theft from the house of the informant,
stealing 900 gram of gold and 72 kg of silver.
4. The learned counsel for the petitioners has
submitted that the petitioners are innocent and have falsely been
implicated in this case. They are not named in the FIR. Nothing
was recovered from their possession. Their names have figured
in confessional statement, which is not leading to any recovery.
Patna High Court CR. MISC. No.64762 of 2025(2) dt.12-01-2026
2/2
He has further submitted that on exactly similar footing, other
co-accused persons have been granted bail by a co-ordinate
Bench of this Court. The petitioner has been in custody since
05.04.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail and submitted that there are also
some cases against the petitioners
6. The petitioner has been in custody for more than six
months and the confessional statement is not leading to any
recovery.
7. Considering the above-mentioned facts and
circumstances, let the petitioners above-named, are directed to
furnish bail bond and on doing so, the court below shall release
the petitioners on bail on furnishing bail bonds of Rs.10,000/-
each with two sureties of the like amount each to the satisfaction
of learned CJM, Katihar in connection with Barsoi P.S. Case
No. 58 of 2025, subject to the following conditions that the
petitioners shall cooperate in the disposal of trial and make
themselves available as and when required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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