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Patna High Court

Veera Sahni @ Bira SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding no prima facie evidence linking him to the offences.

Summary

Veera Sahni applied for bail in a case registered under multiple IPC offences, the Arms Act and the Explosive Substance Act. The petitioner was not named in the FIR and has been in custody since 25 June 2025. The FIR attributes the murder to co‑accused Anil Prasad Kushwaha, while the petitioner’s name emerged only from a confessional statement of another co‑accused, with no material evidence linking him to the crime. The prosecution opposed bail, but the court found that, prima facie, there was no incriminating evidence against the petitioner and the investigation was complete, eliminating any risk of tampering. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS Act.

Issues considered

  • Whether bail should be granted to a person not named in the FIR but implicated solely through a co‑accused’s confessional statement.
  • Whether the completion of investigation and filing of charge‑sheet negates the risk of evidence tampering, justifying bail.
  • Whether the conditions prescribed under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS Act are applicable.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC offences
  • Arms Act
  • confessional statement
  • investigation
  • charge sheet
  • prima facie
  • surety
  • Section 437 CrPC
  • Section 480 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69581 of 2025
                   Arising Out of PS. Case No.-314 Year-2021 Thana- MOTIHARI MUFASIL District- East
                                                        Champaran
                 ======================================================
                 Veera Sahni @ Bira Sahni, Son of Kamal Sahani, Resident of village -
                 Akauna, P.S.- Chiraiya, District - East Champaran.         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                                                  Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :       Mr.Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-01-2026                   Heard learned counsel appearing on behalf of

                   the petitioner and learned APP appearing on behalf of

                   the State.

                                 2. The petitioner seeks bail in connection with

                   Muffasil P.S. Case No. 314 of 2021 registered for the

                   offence under Sections 147, 148, 149, 341, 323, 342,

                   324, 325, 307, 302, 120(B) of the Indian Penal Code

                   and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act

                   and Explosive Substance Act.

                                 3. The accused/petitioner is not named in the

                   F.I.R. and is in custody since 25.06.2025.

                                 4. As per FIR, named co-accused persons

                   alongwith unknown committed the murder of nephew

                   of the informant by causing firearm injury.

                                 5. Learned counsel appearing on behalf of the

                   petitioner submitted that FIR itself speaks on its face
Patna High Court CR. MISC. No.69581 of 2025(2) dt.09-01-2026
                                            2/3




          that the       fatal firearm injury was caused by one Anil

          Prasad Kushwaha, who has already granted bail by one

          of the learned co-ordinate Bench of this Court through

          Cr. Misc. No. 53193 of 2023 dated 24.08.2023. It is

          pointed out that the name of this petitioner transpired

          during investigation on the basis of confessional

          statement of co-accused Baleshwar Sahani and in

          furtherance         of     which,       no     incriminating     material

          recovered/surfaced               during        investigation     against

          petitioner as to connect him with present crime in

          question. Petitioner was not put on TIP as yet. While

          concluding argument, it is submitted that investigation

          of this case is already completed, for which charge-

          sheet has been submitted, as such, there is no chance

          of tampering with the evidence. Petitioner claimed

          clean antecedent.

                       6. Learned APP opposed the prayer of bail.

                       7.     Considering            the       aforesaid    factual

          submissions and by taking note of fact as save and

          except suspicion arising out of confessional statement

          of co-accused, prima facie nothing surfaced during

          investigation as to connect petitioner with present

          crime in question,                 accordingly, petitioner above

          named, is directed to be released on bail in connection
              Patna High Court CR. MISC. No.69581 of 2025(2) dt.09-01-2026
                                                          3/3




                        with Muffasil P.S. Case No. 314 of 2021, on furnishing

                        bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                        two sureties of the like amount each to the satisfaction

                        of learned District & Additional Sessions Judge-19, East

                        Champaran, Motihari/concerned Court, subject to the

                        conditions as mentioned under Section 437(3) of the

                        Cr.P.C./Section 480(3) of BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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