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Patna High Court

Fulo SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner with bond and conditions.

Summary

The petitioner, Fulo Sahni, was charged in Dalsingsarai P.S. Case No. 329 of 2023 for offences under IPC sections 401, 411, 120B and NDPS Act sections 8, 20(b)(ii)(c), 25 and 29, arising from an alleged attempt to flee a police raid near a petrol pump where large quantities of jewellery, cash and ganja were seized from co‑accused. The petitioner contended that he was not caught on the spot, that his name entered the case only through a self‑inculpatory statement of co‑accused Vikash Kumar, and that he is innocent. He had been in custody since 28 November 2025 and sought regular bail. The State opposed the bail application. The Court, after considering the period of custody, the fact that the petitioner was not apprehended at the scene, and the nature of the allegations, allowed the bail application subject to a Rs.10,000 bond, two sureties, and conditions of regular police‑station attendance and trial cooperation. The order expressly limited its observations to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of the offences under IPC and NDPS Act
  • Whether the petitioner’s non‑apprehension at the scene and reliance on a co‑accused’s statement affect the bail eligibility

Legislation cited

Subjects

  • regular bail
  • IPC
  • NDPS Act
  • robbery
  • criminal conspiracy
  • bail bond
  • surety
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30234 of 2026
                 Arising Out of PS. Case No.-329 Year-2023 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Fulo Sahni S/o Lakshmi Sahni @ Laxmi Sahni R/o Village - Lallu Pokhar,
                 Kali Asthan, Ward No. 31, P.S.- Kasimbazar, District - Munger

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saroj Kumar Choudhary
                 For the Opposite Party/s :      Mr. Tarun Prasad Mandal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-05-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner seeks regular bail in connection with

                   Dalsingsarai P.S. Case No. 329 of 2023, registered for the

                   offence under Sections 401, 411, 120B of the Indian Penal Code

                   read with section 8/20(b)(ii)(c), 25, 29 of the N.D.P.S. Act.

                                3. As per the F.I.R., the petitioner, along with other

                   co-accused persons, was sitting near a petrol pump, and upon

                   seeing the police party, they tried to flee from the spot.

                   However, they were apprehended by the police, while the

                   petitioner succeeded in fleeing from the place of occurrence. It

                   is further alleged that a huge quantity of ornaments, including

                   gold and silver items, cash and Ganja was recovered by the

                   police from the possession of the apprehended accused persons.
Patna High Court CR. MISC. No.30234 of 2026(2) dt.08-05-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence.

          Petitioner is in custody since 28.11.2025. It is further submitted

          that the petitioner was not caught on the spot and his name has

          come in the case on the self-inculpatory statement of the co-

          accused Vikash Kumar.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Having considered the aforesaid facts and

          circumstances, the period of custody and the fact that the

          petitioner was not caught on the spot, this application for regular

          bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Dalsinghsarai P.S.

          Case No. 329 of 2023 subject to conditions that:-

                                              (i). The petitioner will mark his
                                  attendance at the Kasimbazar Police Station
                                  on every Sunday of each month. Any default
                                  in appearance at the Police Station would
                                  result in cancellation of bail bond of the
                                  petitioner.
                                               (ii) The petitioner shall appear in
            Patna High Court CR. MISC. No.30234 of 2026(2) dt.08-05-2026
                                                        3/3




                                              the trial regularly either personally or
                                              through his lawyer and shall cooperate in
                                              the trial and non-cooperation in the trial
                                              shall result in cancellation of the bail bond
                                              of the petitioner.


                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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