Patna High Court
Narayan SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Indian Penal Code — s. 392
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
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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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