Patna High Court
Arvind Sahani @ Arvind Kumar @ Arvind Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Arvind Sahani, applied for bail in a case registered as Baligaon P.S. Case No. 06 of 2025 under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, alleging theft of a motorcycle. The prosecution alleged that three unknown persons overtook the informant, stole his motorcycle, and that the petitioner was implicated based solely on a co‑accused's confessional statement, with no mention of his name in the FIR and no incriminating material recovered from him. The petitioner’s counsel argued that he was falsely implicated, that the charge‑sheet had been filed, that a T.I.P. had not been conducted, and that there was non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s prolonged custody, and the procedural lapses, the court inclined to grant bail, imposing a bail bond of Rs. 15,000 with two sureties and conditions regarding family surety, appearance, and future offences. The bail was ordered subject to these conditions.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the alleged false implication and lack of direct evidence.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 warrants bail.
- Whether the petitioner’s prolonged pre‑trial custody and criminal antecedents affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- false implication
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 309
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2377 of 2026
Arising Out of PS. Case No.-6 Year-2025 Thana- BALIGAON District- Vaishali
======================================================
Arvind Sahani @ Arvind Kumar @ Arvind Kumar Sahani S/o- Tarun Sahani
R/v- W.No-12, Haripur Ghat, Ps- Khanpur Dist- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pritish Kumar Lal, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and Mr.
Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with
Baligaon P.S. Case No. 06 of 2025, instituted for the offences
under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that informant while
returning home on his motorcycle in the meantime, on the way,
three unknown miscreants riding on motorcycle over took him
from behind. They pulled out the key and hit him. When he fell
down, they ran away with his motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of confessional statement of
Patna High Court CR. MISC. No.2377 of 2026(2) dt.21-01-2026
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the co-accused Suman Saurabh. No incriminating/looted article
has been recovered from the conscious possession of the
petitioner. Learned counsel further submitted that Charge-sheet
has been submitted. Learned counsel further submitted that
T.I.P. has not been conducted till date to ascertain the
involvement of the petitioner in the alleged offence. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 13.05.2025 and has 17 criminal antecedents.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Baligaon P.S. Case
No. 06 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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