Patna High Court
Chandan Sahni @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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