Patna High Court
Sahil Alam @ Sahil AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, directing his release on a bond of Rs.10,000 with two sureties, subject to statutory conditions.
Summary
The petitioner, Sahil Alam, applied for bail in a theft case registered as Chandi P.S. Case No.23 of 2025, alleging offences under Sections 334(1) and 303(2) of the Bhartiya Nyaya Sanhita, 2023. He was not named in the FIR and has been in custody since 12‑02‑2025. The allegation against him stems solely from a confessional statement of a co‑accused, Manish Kumar, and no incriminating material was recovered from the petitioner; the alleged stolen mobile was not identified. The co‑accused had already been granted bail, the investigation was complete, and a charge‑sheet had been filed, removing any risk of evidence tampering. The State opposed bail, but the Court noted the lack of direct evidence and the completed investigation, and consequently ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC 437(3) and BNSS 480(3).
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 334(1) and 303(2) of the Bhartiya Nyaya Sanhita in view of the circumstances of the case
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 334(1)
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- theft
- Bhartiya Nyaya Sanhita
- Criminal Procedure
- identification of stolen property
- charge-sheet
- co‑accused confession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68087 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- CHANDI District- Bhojpur
======================================================
Sahil Alam @ Sahil Ansari, S/o Jubair Alam, R/o Village-Narbirpur, P.S-
Chandi, Distt.- Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate
Ms. Priya, Advocate
For the State : Mr. Anil Kumar Singh No.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Chandi P.S. Case No.23 of 2025 registered for the
offences punishable under Sections 334(1) and 303(2) of the
Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’).
3. The accused/petitioner is not named in the FIR
and is in custody since 12.02.2025.
4. The allegation against petitioner is to commit
theft along with co-accused persons in the shop of the
informant doing business of mobile and related accessories.
5. It is submitted by learned counsel appearing for
petitioner that the name of petitioner transpired on the basis
Patna High Court CR. MISC. No.68087 of 2025(2) dt.05-02-2026
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of confessional statement of co-accused Manish Kumar, in
furtherance of which, no incriminating material has been
recovered/surfaced from possession of this petitioner. It is
submitted that said co-accused Manish Kumar has already
granted bail by this Court through Cr. Misc. No.25200 of
2025 dated 28.07.2025. The petitioner was not put on T.I.P.
as yet. While concluding argument, it is submitted that
investigation of this case is already completed, for which,
charge-sheet has been submitted and, as such, there is no
chance of tampering with the evidence and moreover
petitioner claimed clean antecedent. It is pointed out that the
mobile alleged to be recovered was also not put on
identification.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as prima facie stolen mobile not appears
connected in want of its identification by the informant, as
submitted above, coupled with the fact that investigation of
this case is already completed, where petitioner remains in
Patna High Court CR. MISC. No.68087 of 2025(2) dt.05-02-2026
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custody since 12.02.2025, accordingly, the petitioner, above-
named, is directed to be released on bail furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, Bhojpur at Ara in connection with Chandi P.S.
Case No.23 of 2025 subject to the conditions as laid down
under Section 437(3) of the Code of Criminal Procedure (for
short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik
Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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