Patna High Court

Sajan KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS, owing to lack of direct evidence and the petitioner’s clean antecedent.

Summary

The petitioner, Sajan Kumar, sought bail after fearing arrest in a case registered under sections 126(2), 127(2), 109 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS) and section 27 of the Arms Act. The FIR alleged that two persons on a motorcycle fired at the informant on 24‑06‑2025, and the petitioner’s name only emerged from the confessional statements of co‑accused, with no direct material linking him to the offence. The petitioner asserted a clean antecedent and the State opposed the bail. The Court, considering the lack of direct evidence, the petitioner’s clean record, and the circumstances, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS. The bail order was directed to be implemented by the Chief Judicial Magistrate, Katihar.

Issues considered

Whether bail should be granted when the petitioner is implicated solely through confessional statements of co‑accused and not named in the FIR.
Whether the petitioner’s clean antecedent and absence of direct evidence justify bail.
Whether the conditions prescribed under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable.

Legislation cited

Arms Act — s. 27
Bharatiya Nagarik Suraksha Sanhita — s. 109, 126(2), 127(2), 3(5), 482(2)

Subjects

bail
confessional statement
clean antecedent
Arms Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
FIR
co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7350 of 2026
                          Arising Out of PS. Case No.-54 Year-2025 Thana- Pothia District- Katihar
                 ======================================================
                 Sajan Kumar S/O Mishar Mahto @ Hakku Mahto Resident of Ramnagar,
                 Bind Tola, P.S-Naugachhia, District- Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Akhauri Kamal Kishore Sahay, Advocate
                 For the Opposite Party/s :         Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                            Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 126 (2), 127 (2), 109

                   and 3 (5) of BNS and 27 of Arms Act.

                                3. As per F.I.R. informant alleged that on 24.06.2025 ,

                   when informant went towards railway bawaji gate then two

                   persons on motorcycle came and fired upon him and fled away .

                   It is further alleged that family members of first wife of

                   informant always threatened him to kill.

                                4. It is submitted on behalf of the petitioners that

                   petitioner is not named in the F.I.R. The name of the petitioner

                   transpired during course of investigation in the confessional

                   statement of other co-accused persons. Save and except,
            Patna High Court CR. MISC. No.7350 of 2026(2) dt.19-02-2026
                                                        2/2




                      confessional statement, there is no other material on record to

                      show the complicity of this petitioner in the alleged occurrence .

                      Petitioner claims clean antecedent.

                                   5 . Learned counsel for the State opposed the bail

                      petition .

                                    6 Considering the aforesaid facts, clean antecedent of

                      the petitioner and other circumstances of the case , in the event

                      of arrest or surrender within eight weeks from today, let the

                      petitioner, as named above, be enlarged 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              Chief

                      Judicial Magistrate Katihar in connection with Pothiya P.S.

                      Case No. 54 of 2025 ,               subject to the conditions laid down

                      under section 482(2) of the                 Bharatiya Nagarik Suraksha

                      Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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