Riyaz @ Vishal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44041 of 2025 Arising Out of PS. Case No.-200 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 Residing at H/o - Ishrail Mansuri, Village - Koiriya Pipra, P.S.- Parihar, District - Sitamarhi. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ritesh Kumar Narain Singh For the Opposite Party/s :
Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Jale P.S. Case No.200 of 2024 registered for the offences punishable under Sections 310(2) and 311 of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.').
3. Accused/petitioner is named in the FIR and is in custody since 17.03.2025.
4. Allegation against petitioner is of committing dacoity and while committing so, looted cash of Rs.45,000/- and golden jewellery form the house of informant along with other accused persons.
5. It is submitted by learned counsel that the name
Patna High Court CR. MISC. No.44041 of 2025(2) dt.01-09-2025 2/3 of petitioner transpired during investigation on the basis of confessional statement of apprehended co-accused Gulab Nadaf, in furtherance of which, no incriminating material appears recovered/surfaced from the possession of the petitioner as to connect him prima facie with present occurrence of dacoity. It is further submitted that the petitioner was not put on T.I.P. as yet. It is also pointed out that one of reason for implication of petitioner is his criminal antecedents, as petitioner found involved in three more criminal cases mostly on the basis of confessional statement like present case, having no evidentiary value. 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 chances 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 confession arising out of confessional statement of co-accused, nothing appears
Patna High Court CR. MISC. No.44041 of 2025(2) dt.01-09-2025 3/3 available against the petitioner as to connect prima facie with present crime in question, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 17.03.2025, accordingly, petitioner, above-named, is directed to 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 the learned Additional Chief Judicial Magistrate-I, Darbhanga in connection with Jale P.S. Case No.200 of 2024, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'). (Chandra Shekhar Jha, J.) Ranjeet/- U T