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Patna High Court

Jitendra SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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/-

U      T


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