Patna High Court
Abhay Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond and conditions under section 438(2) of the CrPC.
Summary
The petitioner, Abhay Kumar Sahani, sought bail after being implicated in a theft case involving maize, alleged under IPC sections 379, 420 and 34. He was not named in the FIR; his name surfaced only through a confessional statement of a co‑accused, with no material evidence linking him to the crime. The petitioner asserted that he was neither the driver nor the owner of the vehicle used and highlighted his clean antecedents. The State opposed bail, arguing the seriousness of the offences. The Court, noting the lack of direct evidence and the petitioner’s peripheral role, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under CrPC section 438(2).
Issues considered
- What is the appropriateness of granting bail when the petitioner is not named in the FIR and is implicated only through a co‑accused’s confession?
- Does the absence of material evidence and the petitioner’s clean antecedent justify bail under CrPC section 438(2)?
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 379, 420
Subjects
- bail
- theft
- IPC
- section 438
- criminal procedure
- confessional statement
- co‑accused
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76720 of 2025
Arising Out of PS. Case No.-127 Year-2023 Thana- PAKRIDAYAL District- East Champaran
======================================================
Abhay Kumar Sahani S/o Ramdeo Sahani Resident of village - Bhurkurwa,
P.S.- Rajepur, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar , Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 379, 420 and 34 of the
Indian Penal Code .
3 . As per the prosecution case , informant suspects
that this petitioner along with other co-accused persons have
committed theft of maize which was loaded on the truck by the
informant.
4. It is submitted on behalf of the petitioner that
petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case, during course of investigation, in the
confessional statement of co-accused Sonu Sahani. No
incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.76720 of 2025(2) dt.16-01-2026
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possession of this petitioner. There is no direct and indirect
material available on the record to show the complicity of the
petitioner in the present case . Moreover, specific accusation is
against co-accused persons namely , Sonu Sahani who has
already been granted bail by this Hon’ble Court vide order dated
29.04.2024 in Cr. Misc. No. 8262 of 2024 . Petitioner claims
clean antecedent.
5 . Learned counsel for the State opposes the bail
petition of the petitioner.
6. Considering the fact that petitioner is neither driver
no owner of the vehicle in question 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 Additional Chief Judicial Magistrate 8th Motihari, East
Champaran in connection with Pakaridayal P.S. case No. 127
of 2023, subject to the conditions laid down under section
438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J)
Koushik/-
U
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