Patna High Court
Ajay Sahni @ Bhola SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, holding that the lack of direct evidence and procedural deficiencies warranted release on bail.
Summary
Ajay Sahni and Sanjay Sahni were arrested in connection with a theft case (Ali Nagar P.S. Case No. 77 of 2024) alleged under Sections 457 and 380 of the Indian Penal Code. The petitioners argued that they were not named in the FIR and were implicated solely on the basis of a confessional statement of a co‑accused, with no stolen articles recovered from them. They also highlighted that the prosecution had not complied with Section 103 of the BNSS and that they had been in custody since 30‑08‑2024 despite having five prior criminal antecedents. The State opposed bail, citing the seriousness of the offences. The High Court, after considering the lack of direct evidence and the procedural lapses, granted bail to the petitioners subject to monetary sureties and conditions regarding court appearances and future conduct.
Issues considered
- Whether bail can be granted to the accused when the FIR does not name them and the only basis of implication is a co‑accused's confessional statement.
- Whether non‑compliance with Section 103 of the BNSS affects the grant of bail.
- Whether the petitioners' prior criminal antecedents preclude bail in offences under Sections 457 and 380 IPC.
Legislation cited
- BNSS — s. 103
- Indian Penal Code — s. 380, 457
Subjects
- bail
- Indian Penal Code
- Section 457
- Section 380
- confessional statement
- co‑accused
- criminal antecedents
- Section 103 BNSS
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2455 of 2026
Arising Out of PS. Case No.-77 Year-2024 Thana- ALINAGAR District- Darbhanga
======================================================
1. Ajay Sahni @ Bhola Sahni Son of Rajendra Sahni @ Bhola Sahni Resident
of village - Ajam Nagar, P.S.- University, District - Darbhanga.
2. Sanjay Sahni Son of Rajendra Sahni @ Bhola Sahni Resident of village -
Ajam Nagar, P.S.- University, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mirtyunjay Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seeks bail in connection with Ali
Nagar P.S. Case No. 77 of 2024 instituted for the offences under
Sections 457, 380 of the Indian Penal Code.
3. Prosecution case, in short, is that owner of the house
has requested the informant to inform the police about the theft
in his house who is residing outside in connection with his
livelihood that the thieves have broken lock of his house and
Almira and took away the gold ornaments.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Patna High Court CR. MISC. No.2455 of 2026(2) dt.21-01-2026
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Petitioners are not named in the F.I.R. The name of the
petitioners transpired in this case on the basis of confessional
statement of the co-accused person Mukesh Sah which has no
evidentiary value in the eye of law. No incriminating/looted
article has been recovered from the conscious possession of the
petitioners. Learned counsel further submitted that petitioners
have no concern with the stolen articles. It has been submitted
on behalf of the petitioners that the petitioners are in custody
since 30.08.2024 and have five criminal antecedents. There is
no compliance of Section 103 of the BNSS.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) each with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ali Nagar P.S. Case
No. 77 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
Patna High Court CR. MISC. No.2455 of 2026(2) dt.21-01-2026
3/3
(II) The petitioners 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 petitioners.
(III) If the petitioners are 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)
Siddharth Soni/-
U T
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