Patna High Court

Dara Singh @ Dhara Singh @ Dara Singh BhativersusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Dara Singh, applied for regular bail in a case registered under sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023, concerning a loot of silver and gold. The prosecution’s case was based on the confessional statements of co‑accused Sagar Singh, which implicated the petitioner, though no incriminating article was recovered from him. The petitioner had been in custody since 7 October 2025 and the chargesheet had already been filed. The court noted that bail had already been granted to the co‑accused, the petitioner had been detained for four months without material evidence, and the FIR named “unknown” persons. Considering these factors, the court ordered the petitioner to be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties. The bail order was directed to be satisfied by the Chief Judicial Magistrate, Aurangabad.

Issues considered

Whether the petitioner is entitled to regular bail under sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of his detention and the nature of the evidence.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 334(1)

Subjects

regular bail
criminal procedure
false implication
confessional statement
chargesheet
section 334(1)
section 303(2)
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88494 of 2025
                       Arising Out of PS. Case No.-154 Year-2025 Thana- MALI District- Aurangabad
                 ======================================================
                 Dara Singh @ Dhara Singh @ Dara Singh Bhati Son of Sukhdeo Singh
                 Resident of Village- Kachi Busti, Bagru, P.S.- Bagru, District- Jaipur, State-
                 Rajsthan


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


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   20-02-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Mali P.S. Case no. 154

                   of 2025 registered under sections 334(1) and 303(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that on the night of 4.8.2025, a loot was carried out by unknown

                   accused persons as a result of which they stole 8 kgs. of silver

                   and 50 grams of gold ornaments.

                                4. Learned counsel for the petitioner submits that the FIR

                   was registered against unknown. The petitioner was falsely
Patna High Court CR. MISC. No.88494 of 2025(3) dt.20-02-2026
                                            2/3




          implicated in the case in course of investigation on the basis of the

          confessional statement of co-accused Sagar Singh as also his own

          confessional statement. No incriminating article has been recovered

          from the petitioner’s possession and co-accused Sagar Singh has

          been enlarged on bail vide order dated 15.1.2026 passed in Cr. Misc.

          no. 89912 of 2025. The petitioner is in custody since 7.10.2025 and

          chargesheet has been submitted in the case. It is submitted in

          reference to the statement made in supplementary affidavit that

          subsequent to this case, he has been falsely implicated in two other

          cases.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the material

          that has transpired in course of investigation, grant of bail to co-

          accused Sagar Singh on whose statement the name of the

          petitioner transpired, no incriminating article having been

          recovered from the petitioner’s possession together with the

          petitioner having remained in custody for four months since

          7.10.2025 and chargesheet having been submitted in the case,

          the Court directs the petitioner to be enlarged on bail in connection

          with Mali P.S. Case no. 154 of 2025 on furnishing bail bond of
           Patna High Court CR. MISC. No.88494 of 2025(3) dt.20-02-2026
                                                       3/3




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

                     amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, Aurangabad.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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