Patna High Court
Vipin SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Vipin Sahani applied for anticipatory bail fearing arrest in a road‑robbery case (Case No.203/2024) under Section 309(4) of the B.N.S., 2023. The FIR was lodged against unknown persons, but his name appeared in a confessional statement of another accused, which the petitioner argued lacks evidentiary value. He has four prior criminal cases, and the State contended that granting bail could enable him to flee or tamper with evidence. After hearing both sides, the Court held that the risk of absconding and evidence tampering outweighed the petitioner’s claim of weak evidence. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a road‑robbery case where the FIR is against unknown persons but the petitioner’s name appears in a confessional statement.
Legislation cited
- B.N.S., 2023 — s. 309(4)
Subjects
- anticipatory bail
- road robbery
- criminal procedure
- bail
- prior convictions
- confessional statement
- evidentiary value
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4565 of 2026
Arising Out of PS. Case No.-203 Year-2024 Thana- PIPRAKOTHI District- East Champaran
======================================================
Vipin Sahani S/o Badan Sahani R/o Village - Fursatpur, P.S - Muffasil,
District - East Champaran At present R/o Village - Bairiya, P.S - Motihari,
District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv.
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Piprakothi P.S. Case No.203/2024, registered for the
offences punishable under Sections 309(4) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases and the informant alleges
that he was intercepted by three accused persons, who looted
Rs.29,500/- from him and an accused aged about 21 years
pointed pistol at him.
4. Learned counsel for the petitioner submits that the
FIR was against unknown and the name of the petitioner
transpired in the confessional statement of Shiv Kumar in police
Patna High Court CR. MISC. No.4565 of 2026(2) dt.13-03-2026
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custody, which does not have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that it is a case of
road robbery and the petitioner has antecedent of four cases and
if privilege of anticipatory bail is granted to the petitioner, the
petitioner may abscond or try to tamper with the evidence.
6. Considering the submissions made by the learned
APP, the Court is not inclined to extend the privilege of
anticipatory bail to the petitioner.
7. The anticipatory bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
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