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Patna High Court

Govinda Sahani @ Govind SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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