Patna High Court
Tanveer ShekhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail, finding no prima‑facie evidence against the petitioner beyond a self‑confession and noting that the charge‑sheet had already been filed.
Summary
The petitioner, Tanveer Shekh, was arrested in connection with a dacoity case (Jalley P.S. Case No. 200 of 2024) under Sections 310(2) and 311 of the B.N.S., though his name does not appear in the FIR. He was taken into custody on 23‑01‑2025 based solely on a self‑confessional statement, with no incriminating material recovered from him. The petitioner argued that there was no prima‑facie evidence linking him to the offence, that he had not been placed on a T.I.P., and that the charge‑sheet had already been filed, eliminating any risk of evidence tampering. The State opposed bail. The court held that, apart from the self‑confession, no material connected the petitioner to the crime and, given the completed charge‑sheet, bail was appropriate. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- What is the adequacy of evidence, particularly a self‑confessional statement, to justify continued detention?
- Whether the petitioner is entitled to bail under Sections 310(2), 311 of the B.N.S. and Section 480(3) of the BNSS in the absence of prima‑facie material?
- Whether the filing of a charge‑sheet eliminates the risk of tampering with evidence, warranting bail?
Legislation cited
Subjects
- bail
- dacoity
- self‑confession
- charge‑sheet
- prima facie evidence
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82078 of 2025
Arising Out of PS. Case No.-200 Year-2024 Thana- JALE District- Darbhanga
======================================================
Tanveer Shekh Son of Sabir Shekh Resident of Village- Betaha, P.S.- Parihar
(Bela), District- Sitmarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard the parties.
2. The petitioner seeks bail in
connection with Jalley P.S. Case No. 200 of 2024
registered for the offences punishable under
Sections 310(2) and 311 of B.N.S.
3. The petitioner is not named in the
F.I.R. and is in custody since 23.01.2025.
4. The allegation against the petitioner
is of committing dacoity and while committing
so, looted cash of Rs.45,000/- and golden
jewelry form the house of informant along with
other accused persons.
5. Learned counsel appearing on behalf
Patna High Court CR. MISC. No.82078 of 2025(2) dt.09-02-2026
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of the petitioner submitted that the name of
petitioner transpired during investigation on the
basis of self confessional statement, in
furtherance of which, no incriminating material
appears recovered/surfaced from the
possession of the petitioner as to connect them
prima-facie with present occurrence of dacoity.
It is further submitted that petitioner was not
put on T.I.P. as yet. While concluding the
argument, it is submitted that petitioner is
found involved in six more criminal cases where
he is on bail and moreover investigation of this
case is completed, for which charge-sheet has
been submitted, as such, there is no chance of
tampering with the evidence.
6. Learned APP, opposed the prayer of
bail.
7. In view of aforesaid factual
submissions and by taking note of fact as save
and except self confession, nothing appears
available against petitioner as to connect
Patna High Court CR. MISC. No.82078 of 2025(2) dt.09-02-2026
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prima-facie with present crime in question,
coupled with fact that charge-sheet has already
been submitted where petitioner is in custody
since 23.01.2025, accordingly petitioner above
named, is directed to be released on bail in
connection with Jalley P.S. Case No. 200 of 2024
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 Chief Judicial Magistrate-I,
Darbhanga /concerned court, subject to the
conditions as mentioned under Section 480(3)
of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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