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Patna High Court

Narayan SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the allegations were not substantiated by direct evidence and the confessional statement of a co‑accused was deemed insufficient to justify continued detention.

Summary

The petitioner, Narayan Sahani, was arrested in connection with a case of looting 10 tons of iron, alleged to have been committed in collusion with a driver and a khalasi, and charged under Section 392 of the Indian Penal Code. The prosecution’s case relied on a confessional statement of a co‑accused, Pradeep Giri, while no incriminating material or the looted iron was found in the petitioner’s possession, and the petitioner’s name does not appear in the FIR. The petitioner’s counsel argued that the charge is vague, the confessional statement lacks evidentiary value, and the petitioner has three prior cases where he is out on bail, also noting that a co‑accused had been granted anticipatory bail. The State opposed bail, but the court considered the lack of direct evidence, the petitioner’s custody duration since October 2025, and the general nature of the allegations. Consequently, the court granted bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged under Section 392 IPC
  • Whether a confessional statement of a co‑accused can be the sole basis for implicating the petitioner
  • Whether the absence of the petitioner’s name in the FIR and lack of recovered material preclude denial of bail

Legislation cited

Subjects

  • bail
  • Section 392 IPC
  • theft
  • confessional statement
  • evidentiary value
  • anticipatory bail
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15094 of 2026
                 Arising Out of PS. Case No.-114 Year-2022 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Narayan Sahani S/o Late Bijali Sahni R/o Village- Murli Ward no 2, PS-
                 Sangrampur, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subodh Kumar Barnwal, Advocate
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Piprakothi P.S. Case No. 114 of 2022, instituted for the offences

                   punishable under Section 392 of the Indian Penal Code.

                                3. The prosecution case, in short, is that 10 tons of

                   iron was looted by unknown miscreants in connivance with the

                   driver and the khalasi.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.15094 of 2026(2) dt.25-02-2026
                                            2/3




          also submitted that the petitioner is not named in the FIR. Name

          of the petitioner has transpired in this case on the basis of

          confessional statement made by co-accused, namely, Pradeep

          Giri and the same has got no evidentiary value. It is next

          submitted that no looted article has been recovered from the

          possession of the petitioner. No specific allegation has been

          attributed against the petitioner rather the same is general and

          omnibus in nature. The petitioner is in custody since 25.10.2025

          and has got three criminal antecedents in which he is on bail.

          Learned counsel for the petitioner further submits that other co-

          accused has been granted anticipatory bail by a Co-ordinate

          Bench of this Court vide order dated 14.07.2023 passed in Cr.

          Misc. No. 23608 of 2023.

                       5. Learned APP 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 and taking into account 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 on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
             Patna High Court CR. MISC. No.15094 of 2026(2) dt.25-02-2026
                                                         3/3




                       below/concerned Court in connection with Piprakothi P.S. Case

                       No. 114 of 2022.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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