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Patna High Court

Ravi Sahni @ Ravi Kumar SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Ravi Sahni, was arrested in connection with a theft case (PS 66/2024) and charged under sections 303(2) and 331(4) of the Bihar Negotiable Instruments Act. The prosecution alleged that unknown miscreants entered the informant’s house and stole valuables, and that co‑accused persons named the petitioner in their confessional statements, although no material was recovered from him. The petitioner’s counsel argued that he is innocent, that the only incriminating material is the co‑accused’s statements, and that he has been in judicial custody since 24‑04‑2025. The State opposed bail, highlighting the petitioner’s seven prior criminal convictions. After hearing both sides, the Court found the circumstances sufficient to grant regular bail, subject to a bond of Rs 10,000 with two sureties and conditions of cooperation and physical presence at trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under sections 303(2) and 331(4) of the Bihar Negotiable Instruments Act.
  • Whether the confessional statements of co‑accused persons, in the absence of any seized property, are sufficient to deny bail.

Legislation cited

Subjects

  • regular bail
  • criminal antecedents
  • confessional statement
  • theft
  • sections 303(2)
  • section 331(4)
  • Bihar Negotiable Instruments Act
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17216 of 2026
                     Arising Out of PS. Case No.-66 Year-2024 Thana- SAKATPUR District- Darbhanga
                 ======================================================
                 Ravi Sahni @ Ravi Kumar Sahani S/o Ashok Sahani Resident of Village-
                 Alamnagar, P.S.- L. N. M. U, Dist- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 303(2),

                   331(4) of BNS.

                                3. The case of the prosecution is that some unknown

                   miscreants have entered the house of the informant and have

                   committed theft of valuables.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of the

                   order of the learned trial court, it is clear that three accused

                   persons, namely, Shiv Shankar Sahani, Sambhu Sah and

                   Mukesh have given their confessional statement and the name
            Patna High Court CR. MISC. No.17216 of 2026(2) dt.23-03-2026
                                                        2/2




                      of this petitioner has surfaced in their confessional statement.

                      Nothing has been recovered from this possession of this

                      petitioner. Save and except confessional statement of co-accused

                      persons, there is nothing against him. Moreover, he is

                      languishing in judicial custody since 24.04.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail and has

                      submitted that petitioner is having seven criminal antecedents.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Sakatpur P.S. Case No. 66 of 2024 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Judicial Magistrate, 1st Class,

                      Darbhanga with a condition that the petitioner shall

                      cooperate in trial and shall remain physically present in the

                      trial court on each and every date fixed by the learned trial

                      court.



                                            (Ashok Kumar Pandey, J)
shubham/-
U      T


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