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Patna High Court

Mukesh sahniversusThe state of bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Mukesh Sahni applied for regular bail in a case registered under Sections 103(5) and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. He was not named in the FIR; his name emerged only in the confessional statement of co‑accused Md. Arzoo Khan, who is already on bail. The petitioner has no criminal antecedent, there are no eye‑witnesses, and the investigation against him is complete. The State opposed the bail. Considering the clean antecedent, lack of direct evidence, and the fact that other co‑accused have been granted bail, the Court ordered his release on regular bail upon furnishing a bond of Rs.20,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner under Sections 103(5), 3(5) of the BNS and Section 27 of the Arms Act given the circumstances of the case

Legislation cited

Subjects

  • regular bail
  • bail petition
  • criminal procedure
  • Arms Act
  • Bihar Narcotic Substances Act
  • investigation
  • confessional statement
  • no eyewitness
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20298 of 2026
                   Arising Out of PS. Case No.-228 Year-2024 Thana- DARBHANGA District- Darbhanga
                 ======================================================
                 Mukesh Sahni, S/O Late Kapal Sahni Resident of Mohalla- Jittu Gachhi
                 Phulwari, P.S- Town Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Madhumala Kumari, Adv.
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   26-03-2026                   1. Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Town P. S. Case No. 228 of 2024, registered for the offences

                   punishable under Sections 103(5), 3(5) of the BNS and Section

                   27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is not named in the FIR and his name surfaced during

                   the investigation in the confessional statement of co-accused

                   Md.     Arzoo Khan who is on bail and some other accused

                   persons namely, Md. Ekhlakur Rahman @ Babu Khan vide

                   order dated 07.07.2025 passed Cr. Misc. No. 38391 of 2025

                   and Md. Arzoo Khan in Cr. Misc. No. 29011 of 2025 and Abdul

                   Rahman vide order dated 28.07.2025 passed in Cr. Misc. No.

                   32220 of 2025              have also been granted regular bail by the
              Patna High Court CR. MISC. No.20298 of 2026(2) dt.26-03-2026
                                                          2/2




                        coordinate Benches of this court. He further submits that there is

                        no eye-witness to the alleged occurrence and the petitioner has

                        no criminal antecedent and has been languishing in jail since

                        17.12.2025 and against him the investigation has been

                        completed.

                                     4. Learned APP for the State opposes the bail prayer

                        of the petitioner.

                                     5. In the facts and circumstances of this case and

                        considering the statements made in the petition as well as above

                        submissions, coupled with petitioner's fair and clean antecedent

                        and investigation has been completed against him, this court is

                        inclined to release him on bail. Accordingly, let the petitioner

                        named-above be enlarged on bail in connection with Town P. S.

                        Case No. 228 of 2024, on furnishing bail bond of Rs. 20,000/-

                        (Rupees Twenty Thousand) with two sureties of the like amount

                        each to the satisfaction of the Court concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T


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