Patna High Court
Vivek SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with a bond of Rs 10,000 and specified conditions.
Summary
Vivek Sahni was arrested on 2 July 2023 in connection with a robbery alleged to have been committed on 24 April 2023, for which he was charged under Sections 395 and 397 of the Indian Penal Code (initially under Section 392). The petitioner claimed he was falsely implicated, arguing that his name does not appear in the FIR and was only linked through the confessional statements of co‑accused persons, and that he has been in custody for more than two and a half years. The State opposed bail, citing identification of the petitioner during investigation, three prior criminal antecedents, and the fact that two witnesses had already been examined. The court considered the length of pre‑trial detention, the nature of the offences, and the petitioner’s claim of innocence, and decided to grant bail on a bond of Rs 10,000 with two sureties, subject to conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner who has been in custody for over two and a half years for offences under Sections 395, 397 IPC.
- Whether the petitioner’s alleged identification through co‑accused statements and his prior criminal antecedents justify denial of bail.
Legislation cited
- Indian Penal Code — s. 392, 395, 397
Subjects
- bail
- robbery
- IPC sections 395 397 392
- pre‑trial detention
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4039 of 2026
Arising Out of PS. Case No.-173 Year-2023 Thana- PUPRI District- Sitamarhi
======================================================
Vivek Sahni Son of Bijli Sahni R/o Vill. - Chand Parne, P.S. - Kesariya Dist. -
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II,Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Dhananjay Kumar II, learned counsel for
the petitioner and Mr. Ram Bilash Roy Raman, learned APP for
the State.
2. The petitioner seeks bail, who is in custody since
02.07.2023 in connection with Pupri P.S. Case No. 173 of 2023,
S.Tr. No. 772/2023, F.I.R. dated 24.04.2023 for the offences
punishable under Sections 395 and 397 of the Indian Penal
Code. Initially the case was lodged u/s 392 of the Indian Penal
Code.
3. According to prosecution case, two miscreants
riding on motorcycle chased the informant and on gun point
looted Rs. 50,000/- from the informant. It is further alleged that
due to fear informant has given the rupees to the miscreants.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Learned counsel further submits that the petitioner
Patna High Court CR. MISC. No.4039 of 2026(2) dt.28-01-2026
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is not named in the FIR and the name of the petitioner has been
transpired on the basis of confessional statement of apprehended
co-accused persons. He further submits that the police after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 02.07.2023 i.e. more than two
and a half years.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the name of
the petitioner has been transpired during investigation and
thereafter the petitioner has been identified in the TIP. Apart
from that the petitioner carries three criminal antecedents other
than the present one but fairly submits on the basis of paragraph
3 of bail petition that the petitioner is on bail in two cases and
trial is in progress and two witnesses have been examined as yet.
6. Considering the aforesaid facts and circumstances
of the case and also period of custody of the petitioner, let the
petitioner, above named, 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 the learned 9 th Additional
District and Sessions Judge, Sitamarhi in connection with Pupri
P.S. Case No. 173 of 2023, S.Tr. No. 772/2023 with the
following conditions:
Patna High Court CR. MISC. No.4039 of 2026(2) dt.28-01-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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