Patna High Court
Mukesh sahniversusThe state of bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(5), 3(5)
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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