Patna High Court
Govinda Sahani @ Govind SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner on the condition of a bond and sureties, emphasizing the lack of direct evidence and procedural deficiencies.
Summary
Govinda Sahani, the petitioner, was arrested on 21 March 2025 in connection with a case registered under Section 309(4) of the Bihar Narcotic Substances Act, 2023. He was not named in the original FIR; his name surfaced only through a confessional statement of a co‑accused, Rahul Singh, and no other substantive material has been produced. The prosecution has not conducted a trial‑in‑process (TIP) and the chargesheet was filed without further evidence. The petitioner, who has thirteen other criminal cases pending, sought bail, arguing the lack of direct evidence against him. The court, noting the absence of material evidence and the procedural lapse, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and the only basis for accusation is a co‑accused’s confessional statement.
- Whether the existence of multiple pending criminal cases affects the grant of bail in the present case.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(4)
Subjects
- bail
- confessional statement
- FIR
- Section 309(4)
- investigation
- trial‑in‑process
- surety
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21321 of 2026
Arising Out of PS. Case No.-410 Year-2024 Thana- KESARIA District- East Champaran
======================================================
Govinda Sahani @ Govind Sahani Son of Jagdish Sahani Resident of Village
- Bhatha(Bhatahan), P.S. - Muffasil, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-04-2026 Heard Mr.Ajay Kumar Singh, learned counsel for
the petitioner and Mr.Anuj Kumar Shrivastava, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
21.03.2025 in connection with Kesariya P.S. Case No.410 of
2024, F.I.R. dated 06.12.2024 registered for the offence
punishable under Section 309(4) of BNS, 2023.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that
the petitioner is not named in the FIR. The name of the
petitioner has been transpired during investigation on the
basis of the confessional statement of co-accused person,
Patna High Court CR. MISC. No.21321 of 2026(2) dt.01-04-2026
2/4
namely, Rahul Singh which was recorded in Kesariya
P.S.Case No. 411 of 2024. Learned counsel for the petitioner
submits that except the confessional statement of co-accused
person, no other cogent material has come during
investigation against the petitioner to suggest the involvement
of the petitioner in the present occurrence. Tthereafter, the
petitioner has been arrested in Kesariya P.S.Case No. 413 of
2024 on 12.12.2024, the petitioner has accepted his guilt and
he has been remanded in the present case on 21.03.2025 but
till date no TIP has been conducted by the prosecution, the
police, after investigation submitted the chargesheet against
the petitioner and the petitioner is in custody since
21.03.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that
the petitioner carries thirteen more cases other than the
present one and out of thirteen cases, the petitioner is on bail
in eleven cases, rest two cases are pending for consideration
before the competent court of law, as mentioned in para-3 of
the bail petition.
6. Considering the aforesaid facts, petitioner is not
named in the FIR, the name of the petitioner has been
Patna High Court CR. MISC. No.21321 of 2026(2) dt.01-04-2026
3/4
transpired during investigation on the basis of the
confessional statement of co-accused person and till date no
TIP has been conducted by the prosecution, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran at Motihari or Successor Court in
connection with Kesariya P.S. Case No.410 of 2024, with the
following conditions:-
(I) 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/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) 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 antecedent, the court below shall take step for
Patna High Court CR. MISC. No.21321 of 2026(2) dt.01-04-2026
4/4
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…