Patna High Court
Veera Sahni @ Bira SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Narcotic and Psychotropic Substances Act — s. 480(3)
- Criminal Procedure Code — s. 437(3)
- Explosive Substance Act
- Indian Penal Code — s. 120(B), 147, 148, 149, 302, 307, 323, 324, 325, 341, 342
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.