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Patna High Court

Bishnu Kumar @ Bishnu Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted, subject to conditions, as the prosecution has not produced sufficient admissible evidence to justify continued detention.

Summary

Bishnu Kumar, a shopkeeper, was arrested in connection with a theft of gold, silver ornaments and cash alleged under Sections 305 and 331(4) of the B.N.S. He contended that the FIR was lodged against an unknown person, that a co‑accused’s confessional statement merely mentioned that the stolen items were sold to him, and that the ornaments seized from his shop were not the stolen property. He further argued that no Test Identification Parade had been conducted and that there was no admissible material linking him to the crime, yet he had been in jail since 12‑08‑2025. The State opposed bail. The court, after considering the lack of concrete evidence and the petitioner’s cooperation, allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to comply with several conditions regarding cooperation with investigation and non‑interference with witnesses.

Issues considered

  • Whether bail should be granted to the accused in a theft case under Sections 305 and 331(4) of the B.N.S. in the absence of a Test Identification Parade and other admissible evidence.
  • Whether the co‑accused’s confessional statement implicating the petitioner is sufficient to deny bail.
  • Whether the petitioner’s prior criminal antecedents, if any, affect the grant of bail.

Legislation cited

Subjects

  • bail
  • theft
  • section 305
  • section 331(4)
  • identification parade
  • confessional statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78224 of 2025
                        Arising Out of PS. Case No.-202 Year-2025 Thana- BARARI District- Katihar
                 ======================================================
                 Bishnu Kumar @ Bishnu Kumar Sah, S/o Shambhu Prasad Sah @ Shambhu
                 Sah, Residents of Village - Sonarpatti Barari, P.S.- Barari, District -Katihar.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bimal Kumar, Advocate.
                 For the State            :        Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   21-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with Barari

                   P.S. Case No. 202 of 2025, registered for the offences

                   punishable under Sections 305 and 331(4) of the B.N.S.

                                 3. As per allegation, when the informant was away

                   from his house, gold and silver ornaments besides cash of

                   Rs.4,50,000/- have been stolen from his house.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case. He further submits that the FIR has been lodged against

                   unknown. He also submits that the name of the petitioner has

                   transpired in the confessional statement of co-accused who

                   confessed before the Police that he has stolen the ornaments and
Patna High Court CR. MISC. No.78224 of 2025(3) dt.21-01-2026
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          sold the same to the petitioner who is a shopkeeper dealing in

          gold and silver ornaments. He also submits that after one and

          half months of the confessional statement of co-accused, some

          ornaments have been seized from the shop of the petitioner

          which are not the stolen property. These ornaments were

          purchased by the petitioner for his shop. He also submits that no

          Test Identification Parade           has been conducted till date for

          recognition of the stolen property by the informant. As such,

          there is no legally admissible material on record against the

          petitioner. The liberty of the petitioner is being curtailed without

          any legal justification.

                       5. He further submits that the petitioner has been

          languishing in jail since 12.08.2025.

                       6. It has also been stated in paragraph No. 3 of the bail

          petition that the petitioner has been made accused in another

          case.

                       7. It is also stated in paragraph No. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one.

                       8. However, learned APP for the State vehemently

          opposes the prayer of the petitioner for bail.

                       9. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.78224 of 2025(3) dt.21-01-2026
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          this application is allowed, directing the petitioner, above-

          named, to be enlarged on bail on his furnishing bail bonds in the

          sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned concerned court

          below in connection with Barari P.S. Case No. 202 of 2025 on

          the following conditions:

                       (i) The petitioner will make himself available for

          interrogation by a police officer/court as and when required.

                       (ii)     The       petitioner       will   undertake   that

          investigation/trial will not get hampered on account of his

          absence or non-cooperation. He must be available to the police

          or the court whenever his presence is required.

                       (iii) The petitioner shall not, directly or indirectly

          make any inducement, threat or promise to any person

          acquainted with the facts of the case so as to dissuade him from

          disclosing such facts to the court or to any police officer.

                       (iv) In case, it is brought to the notice of the court

          below that the petitioner has any criminal antecedents other than

          the disclosed one, learned court below shall cancel the bail

          bonds of the petitioner after hearing him and getting satisfied

          that the petitioner has concealed his criminal antecedents despite

          his knowledge of the same.
              Patna High Court CR. MISC. No.78224 of 2025(3) dt.21-01-2026
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                                     (v) In case, it is brought to the notice of the court

                        below that statement regarding previous bail petition is wrong,

                        learned court below shall cancel the bail bonds of the petitioner.



                                                                  (Jitendra Kumar, J)
S.Ali/-

U         T


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