Patna High Court
Tanveer ShekhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of prima facie evidence linking the petitioners to the alleged dacoity, bail must be granted.
Summary
The Patna High Court considered bail applications of three petitioners accused of dacoity under Sections 310(2) and 311 of the Bhartiya Nyaya Sanhita, 2023. None of the petitioners were named in the FIR; their alleged involvement stemmed solely from the confessional statements of a co-accused who had already been granted bail. The court noted that no stolen property was recovered from the petitioners, no T.I.P. had been filed, and the investigation was complete with a charge‑sheet filed, eliminating any risk of evidence tampering. Relying on the principle that mere suspicion does not justify denial of bail, the court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to Section 437(3) of the CrPC and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita. The decision referenced the Supreme Court precedent in Prabhakar Tewari v. State of U.P.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR and is implicated only through a co‑accused's confession.
- Whether the completion of investigation and filing of a charge‑sheet removes the risk of evidence tampering, justifying bail.
- Whether suspicion alone suffices to deny bail under Section 437(3) CrPC and Section 480(3) BNSS.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 310(2), 311
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- dacoity
- confession of co‑accused
- Bhartiya Nyaya Sanhita
- Code of Criminal Procedure
- Bhartiya Nagrik Suraksha Sanhita
- suspicion
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83149 of 2025
Arising Out of PS. Case No.-222 Year-2024 Thana- JALE District- Darbhanga
======================================================
Tanveer Shekh Son of Sabir Shekh Resident of Village - Betaha, Police
Station - Parihar(Bela), District – Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 86889 of 2025
Arising Out of PS. Case No.-222 Year-2024 Thana- JALE District- Darbhanga
======================================================
Gulab Nadaf S/o- Lalbabu Nadaf R/o Village- Bhalhi, PS- Bathnaha Distt-
Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 88197 of 2025
Arising Out of PS. Case No.-222 Year-2024 Thana- JALE District- Darbhanga
======================================================
Riyaz @ Vishal, Son of Vijay Prasad Sah Resident of Village Matleshwar,
P.S.- Tarapatti, District - Dhanusha (Nepal), At present resident at H/O Ishrail
Mansuri, village Koiriya Pipra, P.S.- Parihar, District - Sitamarhi...
-----Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 83149 of 2025)
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
(In CRIMINAL MISCELLANEOUS No. 86889 of 2025)
For the Petitioner/s : Mr.Ritesh Kumar Narain Singh, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha, APP
(In CRIMINAL MISCELLANEOUS No. 88197 of 2025)
For the Petitioner/s : Mr.Ritesh Kumar Narain Singh, Advocate
For the Opposite Party/s : Ms.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Cr. Misc. No. 83149 of 2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with
Patna High Court CR. MISC. No.83149 of 2025(2) dt.06-02-2026
2/8
Jalley P.S. Case No. 222 of 2024 registered under Sections
310(2) and 311 of the Bhartiya Nyaya Sanhita, 2023 (in short
‘B.N.S.’).
3. The accused/petitioner is not named in the FIR and is
in custody since 23.01.2025.
4. Allegation against the petitioner is to commit dacoity
along with other unknown co-accused persons and while
committing so, looted cash of Rs.45,000/- and other gold
jewelries.
5. It is submitted by learned counsel appearing for the
petitioner that name of petitioner in present occurrence transpired
on the basis of confessional statement of co-accused, namely,
Istiyak Nadaf, who has already granted bail by this Hon’ble Court
though Cr. Misc. No. 21926 of 2025 dated 22.08.2025. It is
submitted that the petitioner has not put on T.I.P. as yet and no
looted material has been recovered from his possession during the
course of investigation as to suggest his involvement prima facie
with present occurrence of dacoity in jewellery shop. It is pointed
out that implication of this petitioner is also arising out of suspicion
from the fact that he said to be accused of 06 criminal cases,
where in maximum cases, his name transpired either on the basis
of suspicion/self-confession or confession of co-accused persons,
Patna High Court CR. MISC. No.83149 of 2025(2) dt.06-02-2026
3/8
having otherwise no evidentiary value under law. In this context, it
is further submitted by learned counsel that if the merit of this
case otherwise appears in favour of petitioner ordinarily, his bail
should not be declined and in support of his submission, learned
counsel has relied upon the legal report of Hon’ble Supreme Court
as available through Prabhakar Tewari vs. State of U.P. &
Ors. [(2020) 11 SCC 648]. 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.
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 save and except suspicion arising out of
confessional statement of co-accused, nothing surfaced during
investigation as to connect petitioner prima facie with present
occurrence of dacoity, coupled with the fact that investigation of
this case is already completed, where petitioner remains in custody
since 23.01.2025, 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 Additional Chief Judicial
Patna High Court CR. MISC. No.83149 of 2025(2) dt.06-02-2026
4/8
Magistrate-I, Darbhanga in connection with Jalley P.S. Case No.
222 of 2024, 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’).
Cr. Misc. No. 86889 of 2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with
Jalley P.S. Case No. 222 of 2024 registered under Sections
310(2) and 311 of the Bhartiya Nyaya Sanhita, 2023 (in short
‘B.N.S.’).
3. The accused/petitioner is not named in the FIR and is
in custody since 18.03.2025.
4. Allegation against the petitioner is to commit dacoity
along with other unknown co-accused persons and while
committing so, looted cash of Rs.45,000/- and other gold
jewelries.
5. It is submitted by learned counsel appearing for the
petitioner that name of petitioner in present occurrence transpired
on the basis of confessional statement of co-accused, namely,
Istiyak Nadaf, who has already granted bail by this Hon’ble Court
Patna High Court CR. MISC. No.83149 of 2025(2) dt.06-02-2026
5/8
though Cr. Misc. No. 21926 of 2025 dated 22.08.2025. It is
submitted that the petitioner has not put on T.I.P. as yet and no
looted material has been recovered from his possession during the
course of investigation as to suggest his involvement prima facie
with present occurrence of dacoity in jewellery shop. It is pointed
out that implication of this petitioner is also arising out of suspicion
from the fact that he said to be accused of 12 criminal cases,
where in maximum cases, his name transpired either on the basis
of suspicion/self-confession or confession of co-accused persons,
having otherwise no evidentiary value under law. In this context, it
is further submitted by learned counsel that if the merit of this
case otherwise appears in favour of petitioner ordinarily, his bail
should not be declined and in support of his submission, learned
counsel has relied upon the legal report of Hon’ble Supreme Court
as available through Prabhakar Tewari vs. State of U.P. &
Ors. [(2020) 11 SCC 648]. 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.
6. Learned APP opposed the prayer for grant of bail to
the petitioner.
7. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.83149 of 2025(2) dt.06-02-2026
6/8
taking note of fact as save and except suspicion arising out of
confessional statement of co-accused, nothing surfaced during
investigation as to connect petitioner prima facie with present
occurrence of dacoity, coupled with the fact that investigation of
this case is already completed, where petitioner remains in custody
since 18.03.2025, 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 Additional Chief Judicial
Magistrate-I, Darbhanga in connection with Jalley P.S. Case No.
222 of 2024, 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’).
Cr. Misc. No. 88197 of 2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with
Jalley P.S. Case No. 222 of 2024 registered under Sections
310(2) and 311 of the Bhartiya Nyaya Sanhita, 2023 (in short
‘B.N.S.’).
3. The accused/petitioner is not named in the FIR and is
Patna High Court CR. MISC. No.83149 of 2025(2) dt.06-02-2026
7/8
in custody since 18.03.2025.
4. Allegation against the petitioner is to commit dacoity
along with other unknown co-accused persons and while
committing so, looted cash of Rs.45,000/- and other gold
jewelries.
5. It is submitted by learned counsel appearing for the
petitioner that name of petitioner in present occurrence transpired
on the basis of confessional statement of co-accused, namely,
Istiyak Nadaf, who has already granted bail by this Hon’ble Court
though Cr. Misc. No. 21926 of 2025 dated 22.08.2025. It is
submitted that the petitioner has not put on T.I.P. as yet and no
looted material has been recovered from his possession during the
course of investigation as to suggest his involvement prima facie
with present occurrence of dacoity in jewellery shop. It is pointed
out that implication of this petitioner is also arising out of suspicion
from the fact that he said to be accused of 3 criminal cases. 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.
6. Learned APP opposed the prayer for grant of bail to
the petitioner.
7. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.83149 of 2025(2) dt.06-02-2026
8/8
taking note of fact as save and except suspicion arising out of
confessional statement of co-accused, nothing surfaced during
investigation as to connect petitioner prima facie with present
occurrence of dacoity, coupled with the fact that investigation of
this case is already completed, where petitioner remains in custody
since 18.03.2025, 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 Additional Chief Judicial
Magistrate-I, Darbhanga in connection with Jalley P.S. Case No.
222 of 2024, 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)
veena/-
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