Patna High Court
Sagar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Sagar Singh was arrested on 26 September 2025 in connection with a jewellery theft alleged under Sections 334(1) and 303(2) of the B.N.S. The petitioner contended that he was not named in the FIR and that his alleged involvement was derived solely from a confessional statement of a co‑accused in a separate case, with no other material linking him to the crime. He also asserted that the Rs 5,000 recovered by police was his own money. The State opposed bail, noting two other pending cases, though the petitioner was already on bail in those matters. The Court, considering the lack of direct evidence, the petitioner’s claim of innocence, and the nature of the recovered money, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Judicial Magistrate of Aurangabad.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and is implicated only through a co‑accused’s confessional statement.
- Whether the recovery of the petitioner’s own money influences the bail decision.
- Whether pending cases against the petitioner affect the grant of bail in the present matter.
Legislation cited
- B.N.S. — s. 303(2), 334(1)
Subjects
- bail
- criminal procedure
- FIR
- confessional statement
- theft
- Section 334
- Section 303
- pending cases
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89912 of 2025
Arising Out of PS. Case No.-154 Year-2025 Thana- MALI District- Aurangabad
======================================================
Sagar Singh S/o Ram Singh R/o Vill- Dhanupura, P.S.- Kadir Chowk, Distt-
Baduan (UP)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Pandey, Advocate
For the State : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 15-01-2026 Heard Mr. Krishna Kant Pandey, learned counsel for
the petitioner and Mr. Anant Kumar 1, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
26.09.2025, in connection with Mali P.S. Case No. 154 of 2025,
F.I.R. dated 05.08.2025 registered for the offences punishable
under Sections 334(1) and 303(2) of the B.N.S.
3. Allegation against the petitioner is of stealing in the
shop of jewellery by breaking the shutter of that shop.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named
in the F.I.R. and the name of the petitioner has been transpired
during investigation on the basis of confessional statement of
apprehended co-accused person in another case namely, Dhara
Patna High Court CR. MISC. No.89912 of 2025(3) dt.15-01-2026
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Singh and Chhabi Ram and except the confessional statement of
co-accused persons, no other cogent material has come during
investigation to suggest the involvement of the petitioner in the
present occurrence and as per recovery of Rs. 5,000/- is
concerned, the same is the petitioner’s own money and the
police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 26.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries two more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the petition that the petitioner is on bail in the
pending matters.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R. and the
name of the petitioner has been transpired on the basis of
confessional statement in another case and the recovered
amount is the petitioner’s own money, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate
1st Class, Aurangabad in connection with Mali P.S. Case No. 154
Patna High Court CR. MISC. No.89912 of 2025(3) dt.15-01-2026
3/3
of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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