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Patna High Court

Baijnath Sahni @ Baidhnath SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the basis of lack of substantive evidence and his clean antecedent.

Summary

Baijnath Sahni, arrested on 2 April 2025, was charged under Sections 364A and 120B of the Indian Penal Code for allegedly kidnapping the sons of an informant and demanding a ransom of Rs. 5 lakh. The prosecution’s case relied solely on the confessional statement of co‑accused Urmila Devi, who had been acquitted by the trial court, and no other material linked the petitioner to the crime. The petitioner, who has a clean antecedent and was not named in the FIR, sought bail, arguing false implication. The court noted the lack of substantive evidence beyond the acquitted co‑accused’s statement and the petitioner’s clean record. Consequently, the court granted bail on a Rs. 10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence, while allowing verification of antecedents.

Issues considered

  • Whether bail should be granted to an accused of offences under Sections 364A and 120B when the only evidence is a confessional statement of an acquitted co‑accused.
  • Whether the petitioner’s clean antecedent and absence of his name in the FIR justify bail despite the seriousness of the alleged offences.

Legislation cited

Subjects

  • bail
  • kidnapping
  • ransom
  • confessional statement
  • acquittal
  • clean antecedent
  • IPC 364A
  • IPC 120B
  • criminal conspiracy
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5448 of 2026
                      Arising Out of PS. Case No.-49 Year-2005 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Baijnath Sahni @ Baidhnath Sahni S/o Late Brahmdev Sahni R/o Village-
                 Deluha, P.S- Paroo, Dist- Muzaffar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashutosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-01-2026                    Heard Mr. Ashutosh Kumar, learned counsel for the

                   petitioner and Mr. Mritunjay Kumar Nirala, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   02.04.2025 in connection with Paroo P.S. Case No. 49 of 2005,

                   F.I.R. dated 23.04.2005 for the offences punishable under

                   Sections 364A and 120B of the Indian Penal Code.

                                3. According to prosecution case, petitioner and other

                   accused persons armed with weapons are alleged to have

                   kidnapped the sons of the informant and demanded Rs. 5 Lakhs.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that the

                   petitioner is not named in the FIR and the name of the petitioner
Patna High Court CR. MISC. No.5448 of 2026(2) dt.29-01-2026
                                            2/3




          transpired during investigation on the basis of confessional

          statement of co-accused person, namely, Urmila Devi and said

          Urmila Devi has been acquitted by the learned trial Court vide

          order dated 26.02.2007 in Session Trial No. 855 of 2005 and

          except the confessional statement of co-accused person, no

          other material has come during investigation to suggest the

          involvement of the petitioner in the present occurrence and the

          police after investigation, submitted chargesheet against the

          petitioner and the petitioner is in custody since 02.04.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the petitioner has clean antecedent and the name

          of the petitioner has been transpired during investigation on the

          basis of confessional statement of co-accused person, namely,

          Urmila Devi and she has been acquitted by the learned trial

          court, 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

          Additional Session Judge, Fast Track Court No. 5, Muzaffarpur

          in connection with Paroo P.S. Case No. 49 of 2005, with the

          following conditions:
            Patna High Court CR. MISC. No.5448 of 2026(2) dt.29-01-2026
                                                        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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