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Patna High Court

Ajay SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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