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Patna High Court

Guddu SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Guddu Sahani was arrested on 19 October 2025 in connection with a case of loot under Section 309(4) of the B.N.S., 2023. He was not named in the FIR; his name was derived solely from the confessional statement of co‑accused Chetan Kumar, who had already been granted bail. The prosecution argued that the petitioner had nine other pending cases, though he was on bail in those matters. The court noted the lack of any material evidence against the petitioner, the absence of a TIP, and the fact that the co‑accused’s statement was the only basis for his implication. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted when the petitioner is not named in the FIR and the only allegation arises from a co‑accused’s confessional statement.
  • Whether the petitioner’s other pending criminal cases affect the grant of bail in the present matter.

Legislation cited

Subjects

  • bail
  • confessional statement
  • co‑accused
  • FIR
  • Section 309
  • criminal antecedent
  • TIP
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20948 of 2026
                  Arising Out of PS. Case No.-283 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Guddu Sahani S/O Late Birendra Sahani R/O Village- Siswa Ajagari, P.S-
                 Banjariya, Distt.- East Champaran, Motihari.

                                                                                 ... ... Petitioner/s
                                                      Versus


                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :      Mr. Rajesh Kumar, Advocate
                 For the State            :      Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-03-2026                        Heard Mr. Rajesh Kumar, learned counsel for the

                   petitioner and Mr. Nand Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   19.10.2025, in connection with Muffasil P.S. Case No. 283 of

                   2025, F.I.R. dated 09.05.2025 registered for the offences

                   punishable under Section 309(4) of the B.N.S., 2023

                                3. The F.I.R. of the occurrence of loot is against

                   unknown.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the petitioner is not named

                   in the F.I.R. and the name of the petitioner has been transpired
Patna High Court CR. MISC. No.20948 of 2026(2) dt.30-03-2026
                                            2/4




          on the basis of confessional statement of co-accused person

          namely Chetan Kumar and except the aforesaid, no other cogent

          materiaql has come during investigation to suggest the

          involvement of the petitioner in the present occurrence and

          nothing has been recovered from the conscious possession of

          the petitioner       and till date no TIP was conducted by the

          prosecution. He further submits that the said co-accused person,

          namely, Chetan Kumar has been granted bail by a Coordinate

          Bench of this Court vide order dated 11.02.2026 passed in Cr.

          Misc. No. 73661 of 2025. He further submits that the police

          after investigation submitted chargesheet against the petitioner

          and the petitioner is in custody since 19.10.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries nine more cases

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner is not named in the F.I.R and the

          name of the petitioner has been transpired on the basis of

          confessional statement of co-accused person, namely, Chetan
Patna High Court CR. MISC. No.20948 of 2026(2) dt.30-03-2026
                                            3/4




          Kumar and the said co-accused Chetan Kumar who has

          disclosed the name of the petitioner has been granted bail by a

          Coordinate Bench of this Court and till date no TIP was

          conducted by the prosecution, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/-

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

          each to the satisfaction of learned Chief Judicial Magistrate,

          Motihari, East Charmaparan in connection with Muffasil P.S.

          Case No. 283 of 2025, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage, it is found that the petitioner has concealed his

          criminal antecedents, the court below shall take step for

          cancellation of bail bond of the petitioner.           However, the
               Patna High Court CR. MISC. No.20948 of 2026(2) dt.30-03-2026
                                                           4/4




                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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