Patna High Court
Jitendra SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted because, apart from the co‑accused's confessional statement, no other material evidence linked the petitioners to the alleged crime.
Summary
The Patna High Court heard two bail applications arising from the same police case (Nayagaon PS Case No. 195 of 2025) involving alleged murder and related offences under the Bhartiya Nyaya Sanhita. The prosecution alleged that the petitioners, along with other accused, disappeared or killed the informant's husband during a fishing trip, relying mainly on a confessional statement of a co‑accused. The petitioners contended they were falsely implicated, pointing out the absence of any material evidence, eyewitness testimony, or recovered incriminating articles linking them to the crime. The State opposed bail, arguing the confessional statement implicated all accused. After considering the submissions, the Court noted that, apart from the confessional statement, no substantive evidence was presented against the petitioners and therefore granted bail on condition of a Rs.10,000 bond with two sureties each.
Issues considered
- Whether bail can be granted when the only evidence against the accused is a confessional statement of a co‑accused.
- Whether the nature of the offences under Sections 137(2), 140(3), 3(5), 103(1), 238 and 61(2) of the Bhartiya Nyaya Sanhita warrants denial of bail.
- Whether the petitioners are likely to flee, tamper with evidence, or otherwise obstruct the investigation.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 103(1), 137(2), 140(3), 238, 3(5), 61(2)
Subjects
- bail
- confessional statement
- insufficient evidence
- Bhartiya Nyaya Sanhita
- criminal procedure
- murder
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19526 of 2026
Arising Out of PS. Case No.-195 Year-2025 Thana- NAYAGAON District- Saran
======================================================
1. Jitendra Sahani, S/o- Dhurendra Sahani @ Dhurandhar Sahani, resident of
Village- Shobhepur Ps- Nayagaon District- Saran at Chapra
2. Rajiv Kumar @ Praduman Sahani, S/o- Raja Sahni @ Raja Sahani, resident
of Village- Shobhepur Ps- Nayagaon District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 21071 of 2026
Arising Out of PS. Case No.-195 Year-2025 Thana- NAYAGAON District- Saran
======================================================
Amarjit Sahani, S/o Uttim Sahani, R/o Village- Shobhepur, P.S.- Nayagaon,
District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 19526 of 2026)
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
For the Informant : Mr. Bhubneshwar Mahto, Advocate
Mr. Amit Kumar, Advocate
(In CRIMINAL MISCELLANEOUS No. 21071 of 2026)
For the Petitioner/s : Mr. Chandra Mohan Jha, APP
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
For the Informant : Mr. Bhubneshwar Mahto, Advocate
Mr. Amit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 13-05-2026 Since both the bail applications arise out of same P.S.
case number, the same are being heard together and disposed of
by this common order for the convenience of the Court.
2. Heard learned counsel for the petitioners, learned
Patna High Court CR. MISC. No.19526 of 2026(3) dt.13-05-2026
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A.P.P. for the State and learned counsel for the informant.
3. The petitioners seek bail in connection with
Nayagaon P.S. Case No. 195 of 2025 dated 17.10.2025
instituted for the offence punishable under Sections 137(2),
140(3), 3(5), 103(1), 238, 61(2) of the Bhartiya Nyaya Sanhita.
4. The prosecution case, in short, is that the husband
of the informant along with other accused persons including the
petitioners went for catching fish by boat. On 16.10.2025, the
informant asked the boat owner, namely, Shayam Babu Sahani
about her husband, but he did not reply satisfactorily. It is
alleged that either all accused persons made her husband
disappeared or her husband has been killed by them.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
this case. Learned counsel for the petitioners further submits
that during course of investigation, the police arrested one
Amarjit Sahni merely on suspicion, who confessed and
disclosed the names of the associates / close persons including
the petitioners. It is further submitted that except confessional
statement, no material is available on record to connect the
petitioners with the said crime. No incriminating articles has
been recovered from the house of the petitioners. There is no
Patna High Court CR. MISC. No.19526 of 2026(3) dt.13-05-2026
3/4
eye witness to the occurrence. Lastly, it has been submitted that
the petitioners, namely, Jitendra Sahni & Rajiv Kumar @
Praduman Sahani (Criminal Miscellaneous No. 19526 of 2026)
are in custody since 24.01.2026 having one criminal cases
against them. Petitioner, namely, Amarjit Sahni (Criminal
Miscellaneous No. 21071 of 2026) is also in custody since
18.10.2025 having one criminal case against him. Charge-sheet
has been submitted in the cases.
6. On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for bail of the petitioners and submitted that all the
accused persons including the petitioners committed the said
crime and concealed the body of the deceased. It is further
submitted that from the confessional statement of co-accused
Amarjit Sahni, it is apparent that all the accused persons
including the petitioners are involved in committing this crime.
7. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties and also
considering the fact that except confessional statement, no material
has come against the petitioners during investigation, let the
petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned J.M., First Class, Saran at
Patna High Court CR. MISC. No.19526 of 2026(3) dt.13-05-2026
4/4
Chapra in connection with Nayagaon P.S. Case No. 195 of 2025.
(Khatim Reza, J)
premchand/-
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