Patna High Court
Riyaz @ VishalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to bond, sureties, and conditions.
Summary
The petitioner, Riyaz @ Vishal, applied for bail in a theft case (Jale PS Case No. 201 of 2024) alleged under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that unknown thieves broke into the informant’s house and stole valuables, and the petitioner was implicated through a co‑accused’s disclosure, though his name does not appear in the FIR and no incriminating material was found on him. The petitioner argued that he was falsely implicated, has no possession of stolen articles, and that a co‑accused had already been granted bail. The State opposed bail, citing the petitioner’s twelve prior criminal antecedents and his custody since 6 March 2025. Considering the lack of direct evidence, the duration of custody, and the precedent of bail to the co‑accused, the Court granted bail subject to a Rs.15,000 bond, two sureties, and conditions regarding appearance and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite his prior criminal antecedents and prolonged custody
- Whether the petitioner’s alleged false implication and lack of incriminating material justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- bail
- theft
- false implication
- Bharatiya Nyaya Sanhita
- criminal antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88846 of 2025
Arising Out of PS. Case No.-201 Year-2024 Thana- JALE District- Darbhanga
======================================================
Riyaz @ Vishal Son of Vijay Prasad Sah Village -Matleshwar PS- Tarapatti
Distt -Dhanusha (Nepal) At present Resident at H/o Ishrail Mansuri Village-
Koiriya Pipra, Ps- Parihar, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ritesh Kumar Narain Singh, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Jale
P.S. Case No. 201 of 2024 instituted for the offences under
Sections 331(4), 305 of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that unknown thieves
committed theft at the informant’s house on the night of
26.10.2024 by breaking the main gate lock. Upon returning
from Siliguri, the informant found household items scattered
and cash, silver coins and lamps missing.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of disclosure made by the co-
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accused Ishtiyaq Nadaf and Bhikhari Thakur. No incriminating
article has been recovered from the conscious possession of the
petitioner. Learned counsel further submitted that petitioner has
got no concern the theft articles. The other co-accused has been
granted bail by this Court vide 23.07.2025 passed in Criminal
Miscellaneous No. 44494 of 2025. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
06.03.2025 and has twelve criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Jale P.S. Case No. 201 of 2024, 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
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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.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
manish/-
U T
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