Patna High Court
Ajay SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Ajay Sahani, sought regular bail in a case registered under sections 309(4) and 111 of the Bihar Negotiable Instruments Act, with section 111(2) later added. The prosecution alleged that two unknown miscreants snatched a bag containing cash, a laptop and documents from an informant and assaulted him, and the FIR was lodged against unknown persons. The petitioner claimed innocence, stating that only a confessional statement of his was on record and no material had been recovered from him; no tip‑off investigation was conducted, and he had been in judicial custody since 29‑04‑2025. The State opposed bail, highlighting four prior criminal antecedents. After hearing both sides, the court, considering the lack of substantive evidence against the petitioner and his willingness to cooperate, ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties and compliance with trial attendance conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite a confessional statement and prior criminal antecedents.
- Whether the FIR against unknown miscreants can be applied to the petitioner.
- Whether the absence of recovered material and lack of tip‑off investigation justify granting bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 111, 111(2), 309(4)
Subjects
- regular bail
- confessional statement
- criminal antecedents
- Bihar Negotiable Instruments Act
- section 309
- section 111
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18845 of 2026
Arising Out of PS. Case No.-459 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
Ajay Sahani Son of Late Harikishor Sahani R/o Village - Murali, P.S. -
Sangrampur, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Pandey, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-03-2026 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 309(4), 111 of
BNS and later on Section 111(2) of BNS was added.
3. The case of the prosecution is that two unknown
miscreants have snatched the bag of the informant containing cash
of Rs. 40,000/-, laptop and some documents. They have also
assaulted the informant when he opposed.
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 the FIR was lodged
against unknown miscreants. Learned counsel has submitted that
the petitioner has been remanded in this case from Harsidhi P.S.
Patna High Court CR. MISC. No.18845 of 2026(2) dt.26-03-2026
2/2
Case No. 523 of 2024 and in that case, he has given his
confessional statement. Nothing has been recovered from the
possession of this petitioner. Save and except the confessional
statement of the petitioner, there is nothing against him. No TIP
has been conducted. Moreover, the petitioner is languishing in
judicial custody since 29.04.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail and has submitted that
petitioner is having four 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
Harsidhi P.S. Case No. 459 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 1 st Class,
East Champaran at Motihari with a condition that the petitioner
shall cooperate in trial and shall remain physically present in
the trial court on each and every fixed date.
(Ashok Kumar Pandey, J)
shubham/-
U T
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