Patna High Court
Vivek Kumar @ Vivek SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application with conditions.
Summary
Vivek Kumar and Pawan Kumar applied for anticipatory bail in a case registered under Sections 305 and 331(4) of the B.N.S., alleging that their names were implicated solely through a confessional statement of another accused, Adarsh, which the petitioners argue lacks evidentiary value. The petitioners, both students aged 19 and 24, also have two prior cases where their names similarly arose from such statements. The State opposed the bail, but the court noted the weak basis of the FIR, the petitioners' willingness to cooperate, and their young age. Accordingly, the court granted anticipatory bail on the condition of furnishing bail bonds of Rs. 25,000 each with two sureties and the petitioners' fathers as bailors, subject to Section 482(2) of the B.N.S. and possible cancellation for non‑cooperation. The order directs the trial court to enforce the conditions and to cancel bail if the petitioners fail to cooperate.
Issues considered
- Whether anticipatory bail should be granted when the accusation is based solely on a confessional statement of another accused.
- Whether the petitioners' antecedent cases, also based on confessional statements, affect the grant of bail.
- Whether Section 482(2) of the B.N.S. empowers the court to impose conditions and cancel bail for non‑cooperation.
Legislation cited
- B.N.S. — s. 305, 331(4), 482(2)
Subjects
- anticipatory bail
- confessional statement
- Section 305
- Section 331(4)
- Section 482(2)
- bail conditions
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81517 of 2025
Arising Out of PS. Case No.-471 Year-2024 Thana- TARAIYA District- Saran
======================================================
1. Vivek Kumar @ Vivek Sahni Son of Vinod Sahni Resident of Village -
Murlipur, P.S.- Taraiya, District - Saran.
2. Pawan Kumar @ Pawan Sahni Son of Lakhan Sahni Resident of Village -
Murlipur, P.S.- Taraiya, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Kumar
Mr. Santosh Kumar
Mr. Prashant Ray
Mr. Jayant Kumar Ray
Mr. Jagjit Roshan
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 305, 331(4) of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners have antecedent of two cases and the informant
alleges that unknown accused committed theft in his house in
the intervening night of 17/18.12.2024 by breaking the
ventilator of the room.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.81517 of 2025(2) dt.13-01-2026
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the FIR was against unknown and the name of the petitioners
transpired in the confessional statement of Adarsh in police
custody, which does not have any evidentiary value. It is also
submitted that no doubt, petitioners have antecedent of two
cases but in both cases their names transpired based on the
confessional statement of Adarsh. It is next submitted that police
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation. It is also submitted that once an accused
is implicated in a case relating to theft, the police starts
implicating mechanically. It is also submitted that petitioners
will not abscond rather will cooperate in the investigation to
prove their innocence. It is also submitted that petitioner no.1 is
aged about 19 years and petitioner no.2 is aged about 24 years
and are students.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
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anticipatory bail on their furnishing bail-bonds in the sum of Rs.
25,000/- (Rupees Twenty Five Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor Court in connection
with Taraiya P. S. Case No.471 of 2024, subject to the
conditions laid down under Section 482(2) of the B.N.S. with a
further condition that one of the bailors of the petitioners shall
be their respective fathers Vinod Sahni and Lakhan Sahni.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioners, despite
giving assurance to this Court, are not cooperating in the
investigation or are not presenting themself as and when
required, the learned trial Court shall be at liberty to cancel the
bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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