Patna High Court

Umesh Sahani @ Saroj @ Saroj Kumar @ PaglaversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Umesh Sahani, was charged under IPC sections 399, 402, 414 and 34, and Arms Act sections 25(1‑b)a, 26 and 35 following a raid that recovered illegal weapons and a stolen motorcycle. He contended that he was implicated only through the confessional statements of co‑accused who were apprehended at the spot, and that no arms were found in his possession. The prosecution opposed bail, while the petitioner argued that there was no material linking him to the offence and that co‑accused had already been granted bail. The Court, considering the general nature of the accusation, parity with co‑accused, and the length of his custody since June 2025, allowed the bail application. He was ordered to be released on a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
Whether the confessional statements of co‑accused constitute sufficient ground to keep the petitioner in custody.
Whether the petitioner’s period of custody and parity with co‑accused warrant bail.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
Indian Penal Code — s. 34, 399, 402, 414

Subjects

bail
IPC
Arms Act
dacoity
robbery
confessional statement
parity
custody
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.28 of 2026
                      Arising Out of PS. Case No.-934 Year-2020 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Umesh Sahani @ Saroj @ Saroj Kumar @ Pagla S/o Yogendra Sahani @
                 Bunna Sahani Resident of village - Jhakhiya, P.s.- Banjariya, Distt.- East
                 Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Abhishek Kumar, Advocate
                 For the State           :        Mr. Sanjay Kumar Singh, 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 399, 402, 414 and 34 of the

                   Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms

                   Act.

                                3. As per prosecution case, on secret information, a

                   raid was conducted and illegal arms and ammunition and one

                   stolen motorcycle was recovered.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   Petitioner has been made an accused in this case merely on the
Patna High Court CR. MISC. No.28 of 2026(2) dt.13-02-2026
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          basis of confessional statement of co-accused persons who were

          apprehended at the spot. Save and except confessional

          statement, there is no material on record to show the complicity

          of this petitioner in the alleged offence. No arms or ammunition

          has been recovered from possession of this petitioner. Co-

          accused persons, who were apprehended at the spot with illegal

          arms and ammunition have already been granted bail by this

          Hon’ble Court vide order dated 16.12.2021 passed in Cr. Misc.

          No. 30035 of 2021 and order dated 16.09.2021 passed in Cr.

          Misc. No. 35808 of 2021. Moreover, charge-sheet has already

          been submitted and petitioner is in custody since 16.06.2025.

                       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

          case, general and omnibus nature of accusation, claim based on

          parity and period of custody, the prayer for grant bail of 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, Motihari,

          East Champaran in connection with Turkauliya P.S. Case No.
             Patna High Court CR. MISC. No.28 of 2026(2) dt.13-02-2026
                                                         3/3




                       934 of 2020.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T

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