Patna High Court

Shrikant @ Siriya @ Shivnath SahaniversusThe State of Bihar

Decided: 2 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner was arrested in connection with a robbery and shooting incident (Bochahan P.S. Case No.257 of 2019) and charged under IPC sections 393, 394, 307 and Arms Act sections 25(1‑B) and 27. The prosecution’s case relied mainly on a confessional statement of a co‑accused, Chandan, which named the petitioner; no other material evidence or recovery of arms was presented. The petitioner argued that the FIR was lodged against unknown miscreants, he has no prior criminal record, and has been in judicial custody since 24‑12‑2025. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the court held that the lack of substantive evidence beyond the co‑accused’s confession warranted bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether bail can be granted in a case involving serious offences (robbery, dacoity, attempt to murder, and illegal possession of arms) when the only evidence is a co‑accused’s confessional statement.
Whether the petitioner’s lack of prior criminal antecedent and absence of material recovery justify bail under the Criminal Procedure Code.

Legislation cited

Arms Act — s. 25(1-B), 27
Indian Penal Code — s. 307, 393, 394

Subjects

bail
robbery
dacoity
attempt to murder
Arms Act
confessional statement
co‑accused
judicial custody
criminal antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.20822 of 2026
                   Arising Out of PS. Case No.-257 Year-2019 Thana- BOCHAHAN District- Muzaffarpur
                 ======================================================
                 Shrikant @ Siriya @ Shivnath Sahani S/o Ganga Sahnai @ Ganga Sahani R/o
                 Vill- Gharnapar Bhagwanpur, P.S.- Bochaha, Distt- Muzaffarpur

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

                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sagar Kumar, Advocate
                 For the Opposite Party/s :     Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                            ORAL ORDER

2   02-04-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner has prayed for bail in connection

                   with Bochahan P.S. Case No.257 of 2019 registered for the

                   offence punishable under Sections 393, 394 & 307 of the Indian

                   Penal Code and under Sections 25(1-B) & 27 of the Arms Act.

                               3. The case of the prosecution, in short, is that

                   unknown miscreants have committed robbery and have also

                   fired at the informant.

                               4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the FIR was lodged against

                   unknown miscreants. During course of investigation one

                   Chandan was apprehended and he has given his confessional

                   statement and the name of this petitioner has surfaced in the
            Patna High Court CR. MISC. No.20822 of 2026(2) dt.02-04-2026
                                                        2/2




                      confessional statement of co-accused Chandan. It has further

                      been submitted that save and except the confessional statement

                      there is nothing against the petitioner. Learned counsel for the

                      petitioner has further submitted that no recovery was made from

                      the possession of this petitioner. Learned counsel for the

                      petitioner has further submitted that the petitioner is having no

                      criminal antecedent and he is in judicial custody since

                      24.12.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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 enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Judicial Magistrate- 1st Class, Muzaffarpur(West) in connection

                      with Bochahan P.S. Case No.257 of 2019.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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