Patna High Court
Raja Sahni @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted as the accusation was general and omnibus, the petitioner’s situation was on par with a co‑accused already bailed, and there was no material linking him directly to the crime.
Summary
The petitioner, Raja Sahni, was arrested in connection with a robbery and armed assault alleged to have occurred on 16 February 2019, involving the theft of Rs. 6,000 and a pistol. The prosecution charged him under Sections 395, 397, and 412 of the Indian Penal Code and Sections 25(1‑b)a, 26, and 35 of the Arms Act. The petitioner contended that his name was mentioned only by a co‑accused who had already been granted bail and that no incriminating material was recovered from him, nor had he been subjected to a test identification parade. The State opposed bail, citing the seriousness of the offences. The court, considering the general nature of the accusation, the petitioner’s parity with the co‑accused, and the length of his custody without substantive evidence, allowed the bail application, ordering his release on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with dacoity, robbery, and illegal possession of a firearm.
- Whether the seriousness of the offences under the IPC and Arms Act precludes the grant of bail.
- Whether the lack of incriminating material and the petitioner’s parity with a co‑accused who has been bailed justify bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 395, 397, 412
Subjects
- bail
- robbery
- dacoity
- arms act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.267 of 2026
Arising Out of PS. Case No.-69 Year-2019 Thana- MINAPUR District- Muzaffarpur
======================================================
Raja Sahni @ Raja Kumar Son of Garib Sahni @ Garib Nath Sahni R/o
Vilage - Sikandapur Kundal @ Sikandarpur Bandh, P.S. - Town(Nagar), Dist.
- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Alok Kumar Alok, Advocate
For the State : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 395, 397 and 412 of the
Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms
Act.
3. As per prosecution case, on 16.02.2019 at about
7:00 PM in the evening, while the informant was returning
home on his motorcycle, in the meantime, three persons on one
motorcycle and two persons on another motorcycle overtook
and pushed the informant as a result of which, he fell down.
Thereafter, on the point of pistol, accused persons snatched Rs.
6000/- from his possession and started fleeing
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away after taking his motorcycle. It is further alleged that one
person was apprehended by the police, who disclosed his name
as, Chandan Kumar @ Chandan Sahani and from his possession
one pistol without magazine, mobile and motorcycle was
recovered.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence. Name
of petitioner transpired in this case only on the basis of
disclosure made by co-accused Chandan Kumar, who was
apprehended at the spot. Save and except the same, there is no
other material on record to show the complicity of this petitioner
in the alleged offence. No incriminating article has been
recovered from possession of this petitioner. Till date, petitioner
has not been put on test identification parade. Moreover, co-
accused Chandan Kumar @ Chandan Sahni has already been
granted bail by this Hon’ble Court vide order dated 25.09.2019
passed in Cr. Misc. No. 46708 of 2019. Charge-sheet has already
been submitted and petitioner is in custody since 04.09.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
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case, general and omnibus nature of accusation, claim based on
parity and period of custody, the prayer for grant of bail to the
petitioner is allowed.
7. Accordingly, let the above named petitioner 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 Judicial Magistrate 1st Class (East),
Muzaffarpur in connection with Minapur P.S. Case No. 69 of
2019.
(Prabhat Kumar Singh, J)
shashank/-
U T
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