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Patna High Court

Chandan Sahni @ Chandan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail, holding that the confessional statement alone does not constitute sufficient ground for denial of bail.

Summary

The petitioner, Chandan Sahni, was arrested in connection with a murder case (PS Kanti Case No. 407 of 2024) alleged under sections 103(1) and 309(6) of the B.N.S and section 27 of the Arms Act. The prosecution’s case is based primarily on a confessional statement made by a co‑accused, who named the petitioner, while the FIR originally named unknown miscreants. The petitioner’s counsel argued that apart from the confessional statement there is no material evidence against him and that a bike used in the crime was recovered from another co‑accused. The State opposed bail, highlighting the petitioner’s alleged criminal antecedent of seven cases. After hearing both sides, the court held that the confessional statement alone does not justify continued detention and ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The petitioner has been in judicial custody since 2 September 2025 and is now directed to be released.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the confessional statement naming him as an accused
  • Whether the petitioner’s alleged criminal antecedent warrants denial of bail
  • Whether the evidence other than the confessional statement is sufficient to justify continued custody

Legislation cited

Subjects

  • regular bail
  • confessional statement
  • criminal antecedent
  • murder
  • Arms Act
  • B.N.S
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87218 of 2025
                      Arising Out of PS. Case No.-407 Year-2024 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Chandan Sahni @ Chandan Kumar Son of Sahindra Sahni Resident of Village
                 - Chittarpatti Tola Konhma, P.S. - Minapur, Dist. - Muzaffarpur.
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajiv Kumar, Advocate
                 For the Opposite Party/s :        Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103(1),

                   309(6) of the B.N.S and Section 27 of the Arms Act.

                                3. The case of the prosecution is that some unknown

                   miscreants have killed the husband of the informant by firing.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the FIR was lodged

                   against the unknown miscreants. During course of investigation,

                   one co-accused Chandan Kumar @ Chandan Paswan has given

                   his confessional statement and in his confessional statement, he

                   has named this petitioner. From perusal of the order of the

                   learned trial court, it will transpire that this petitioner has also
            Patna High Court CR. MISC. No.87218 of 2025(2) dt.06-01-2026
                                                        2/2




                      given his confessional statement and he has confessed his guilt.

                      Learned counsel for the petitioner has further submitted that

                      save and except confessional statement, there is nothing against

                      the petitioner. A bike which is said to be used in the offence is

                      recovered from the possession of co-accused Raja Kumar.

                      Moreover, the petitioner is languishing in judicial custody since

                      02.09.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail and has

                      submitted that petitioner is having criminal antecedent of seven

                      cases.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Kanti P.S. Case No. 407 of 2024 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J.M. 1st (West)

                      Muzaffarpur.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T


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