Patna High Court
Sahid Ali @ Md. Sahid AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that the petitioner’s alleged involvement, based only on a co‑accused’s confession and lacking any material evidence, does not justify denial of bail despite the seriousness of the offences and prior antecedents.
Summary
The petitioner, Sahid Ali, was arrested in connection with a theft of gold, silver ornaments and cash alleged under Sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023. He has six prior criminal antecedents and was not named in the FIR; his alleged involvement stems solely from a co‑accused’s confessional statement. The prosecution opposed bail, while the petitioner argued false implication and lack of any material recovered from him. The court noted that the charge sheet had been filed, the petitioner had been in custody since June 2025, and the only evidence against him was the co‑accused’s statement. Considering these facts, the court granted bail subject to a cash bond and sureties, and imposed conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted to an accused of theft and robbery under Sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita despite prior criminal antecedents.
- Whether the reliance on a co‑accused’s confessional statement, without any material recovered from the petitioner, suffices to deny bail.
- Whether the petitioner’s non‑inclusion in the FIR affects the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 334(1)
Subjects
- bail
- criminal antecedents
- Theft
- Robbery
- confessional statement of co‑accused
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83786 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- GURUA District- Gaya
======================================================
Sahid Ali @ Md. Sahid Ali S/o Mustafa Kamaal R/o Village - Gewalbigha,
P.S - Rampur, District - Gaya (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Gurua
P.S. Case No. 59 of 2025 instituted for the offence under
Sections 334(1) & 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that unknown
miscreants broke the shutter and locker of the informant’s
jewellery shop at Sahhahi Bazar and committed theft of gold
and silver ornaments worth about Rs. 6 lakh along with cash of
Rs. 25,000/-.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 13.06.2025. Petitioner
bears six (6) criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.83786 of 2025(3) dt.20-02-2026
2/3
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused, namely, Gautam Kumar @ Shipu, who has been
granted bail by a Co-ordinate Bench of this Court vide order
dated 10.12.2025, passed in Cr. Misc. No. 68586 of 2025.
Nothing has been recovered from the conscious possession of
the petitioner. Recovery is made from co-accused, namely,
Rajesh Kumar Gupta. Charge sheet has already been submitted
in this case. Petitioner was not even put on T.I. Parade to
ascertain his complicity in the alleged occurrence.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, charge sheet
being submitted and claim based on parity, this Court is inclined
to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.83786 of 2025(3) dt.20-02-2026
3/3
below/concerned Court in connection with Gurua P.S. Case No.
59 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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