Patna High Court
Guddu SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 309(4)
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
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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
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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
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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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