Bail granted based on lack of direct evidence and non-identification of seized property.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Korha PS Case No.175 of 2025 dated 26.07.2025, instituted for the offence punishable under Sections 331 (4), 305 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in brief, is that when the informant returned to his residence in Fulbaria village after the absence of twenty three days, he found the gate was locked from inside, but the lock of courtyard of the house was broken and the house had been ransacked. The Godrej lockers were found to be opened and valuable items were missing. It is alleged that the unknown thief had stolen approximately 400 Grams of gold and

500 grans of silver ornaments as well as Rs.45,000/- in cash.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Only on the basis of confessional statement of co-accused, he has been made accused in this case. Further submission is that on the basis of confessional statement of the co-accused some recovery have been made from the jewellery shop of the petitioner which is being run by the petitioner. It is further submitted that the articles which have been seized have not been put on test identification parade by the informant or his parents. The petitioner has a jewellery shop and the seized articles are not the stolen articles, rather, those are common articles and usually found in every jewellery shops. It is again submitted that the prayer of the petitioner for bail has been rejected only on the ground that one case of similar nature is pending against the petitioner in which he has been granted bail. Lastly, it is submitted that the petitioner is in custody since 22.08.2025 having one criminal case against him.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in Korha PS Case No.175 of 2025. 7. The application stands allowed.

(Khatim Reza, J)