Patna High Court
Anil RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the bail applications, granting bail to the petitioners subject to conditions.
Summary
The petitioners, Alok Sahni and Anil Ram, were arrested in connection with a theft case (Section 395 IPC) arising from a 2012 police report. They were not named in the FIR; their names appeared only in the confessional statement of a co-accused and no incriminating material was recovered from them. Their earlier regular bail application had been rejected, and the State opposed bail, citing the theft allegation and their alleged abscondence since 2013. The court noted the lack of direct evidence, the absence of a TIP, and the fact that only charges had been framed, while also considering their criminal antecedents. Consequently, the court granted bail to both petitioners on a bond of Rs.10,000 each with two sureties, subject to several conditions including regular reporting to the Superintendent of Police.
Issues considered
- Whether the petitioners are entitled to bail in a theft case under Section 395 IPC given the lack of direct evidence and their criminal antecedents
- Whether the presence of their names only in a co-accused's confessional statement suffices to justify continued detention
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- theft
- Section 395 IPC
- criminal antecedent
- confessional statement
- police verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85806 of 2025
Arising Out of PS. Case No.-69 Year-2012 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
Alok Sahni @ Alakh Kumar @ Alakh Sahni S/O Triveni Sahni Resident of
village- Mustafapur, Khar Toli, Police Station- Sureyagadha, District-
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 86363 of 2025
Arising Out of PS. Case No.-69 Year-2012 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
Anil Ram S/O Vishnudev Ram Resident of village- Mustafapur, Police
Station- Manikpur, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 85806 of 2025)
For the Petitioner/s : Mr.Sanjay Kumar Singh, Adv.
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
(In CRIMINAL MISCELLANEOUS No. 86363 of 2025)
For the Petitioner/s : Mr.Sanjay Kumar Singh, Adv.
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 13-02-2026 Since both the applications arise out of the same
police station case, they have been taken up together.
2. Heard learned counsel for the petitioners and
learned A.P.P for the State.
3. This is the second regular bail application of the
petitioners. Earlier, the regular bail application of the petitioners
Patna High Court CR. MISC. No.85806 of 2025(3) dt.13-02-2026
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was rejected by this Court vide order dated 17.07.2025 passed in
Cr. Misc. No. 21728/2025.
4. The petitioners seek bail in connection with
Mednichowki P.S. Case No. 69 of 2012, G.R. No. 1224A/2012
dated 31.10.2012 registered for the offences punishable under
Section395 of the Indian Penal Code.
5. As per the prosecution case, some unknown
miscreants are alleged to have committed loot in the house of
the informant and took away cash of Rs. 15,000/- and some
costly utensils, clothes and mobile phones.
6. Learned counsel for the petitioners submits that the
petitioners are not named in the FIR and their names have
surfaced in the confessional statement of the co-accused, Vivek
Kumar. It is further submitted that no incriminating article has
been recovered from the conscious possession of the petitioners
and till date, no TIP has been conducted. Learned counsel for
the petitioners submits that till date, only the charges have been
framed against the petitioners. It is lastly submitted that the
petitioner Alok Sahni has two criminal antecedents whereas the
petitioner Anil Ram has one criminal antecedent and both are in
custody since 08.01.2025.
7. Learned A.P.P. has vehemently opposed the prayer
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for bail of the petitioners and submitted that there is an
allegation against the petitioners of committing theft and they
had absconded since 2013.
8. Considering the aforesaid facts and circumstances
and taking into account that the petitioners are in custody since
08.01.2025, the petitioners are directed to be released on bail on
their furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Court below where the case is
pending/successor court in connection with Mednichowki P.S.
Case No. 69 of 2012, G.R. No. 1224A/2012, subject to the
following terms and conditions :-
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioners and in case at any stage, it is found that the
petitioners have concealed their criminal antecedents, the trial
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court shall take step for cancellation of bail bonds of the
petitioners. However, the acceptance of bail bonds in terms of
the above mentioned order shall not be delayed for purpose of
the same on in the name of verification.
(v) In view of the antecedents of the petitioners, the
petitioners are directed to appear before the Superintendent of
Police, Lakhisarai within fifteen (15) days of his release with a
copy of this order and every two weeks thereafter for the next nine
months. The conduct of the petitioners will be kept under watch in
this period by the concerned Superintendent of Police and if it is
found wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation of bail
of the petitioner for reasons of misuse of bail. After reporting to
the Superintendent of Police, a certificate will be filed by the
petitioner before the Court concerned.
9. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
10. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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