Patna High Court
Dhiraj Sahni @ Dhirendra Sahni @ Dhirendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted notwithstanding the seriousness of the offences and the petitioner's antecedents, subject to a bond and strict conditions.
Summary
Petitioner Dhiraj Sahni, detained since 21 January 2025 for alleged robbery and dishonest misappropriation of wall putty under IPC Sections 392 and 412, applied for bail. He contended that he was not named in the FIR and was implicated only through a co‑accused's confession, with no TIP filed, and pointed to the earlier grant of bail to similarly situated co‑accused. The prosecution opposed bail, citing recovery of 30 bags of putty from the petitioner's house and his extensive criminal antecedents, including fourteen cases on bail and four pending. The court, after weighing the circumstances, ordered the release of the petitioner on bail with a Rs 10,000 bond and two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was conditioned on immediate compliance and allowed for cancellation upon breach.
Issues considered
- Whether the petitioner is entitled to bail pending trial for offences under Sections 392 and 412 IPC despite the seriousness of the offences.
- Whether the recovery of stolen property from the petitioner's residence and his extensive criminal antecedents preclude the grant of bail.
- Whether the absence of a TIP and reliance on a co‑accused's confessional statement affect the bail decision.
Subjects
- bail
- robbery
- dishonest misappropriation
- IPC Section 392
- IPC Section 412
- criminal antecedent
- investigation
- confessional statement
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87650 of 2025
Arising Out of PS. Case No.-225 Year-2020 Thana- VAISHALI District- Vaishali
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Dhiraj Sahni @ Dhirendra Sahni @ Dhirendra Kumar Son of Harendra Sahni
Resident of village- Sorhatha PS- Belsar (OP), District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 03-04-2026 Heard Mr. Shanti Bhushan Singh, learned counsel
for the petitioner as well as Mr. Shahabuddin Azeem @ S.
Azeem, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.01.2025 in connection with Vaishali P.S. Case No. 225 of
2020, F.I.R. dated 11.07.2020 for the offences punishable under
Sections 392 and 412 of Indian Penal Code.
3. According to prosecution case, one wagon-R
vehicle has overtaken the informant’s Bolero pick up van which
was carrying 70 bags of wall putty weighing 40 kg each. 4-5
unknown miscreants have alighted from wagon-R, looted the
material and fled away. It is further alleged that Rs.3600 was
also taken by the miscreants.
4. Learned counsel for the petitioner submits that
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petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
transpired during investigation on the basis of confessional
statement of co-accused, namely, Subham Joshi and till date no
TIP has been conducted by the prosecution. He next submits
that similarly situated co-accused persons, namely, Rajan Kumar
and Shubham Joshi @ Subham Joshi has been granted the
privilege of bail by the co-ordinate Bench of this Court vide
order dated26.05.2021 and 10.12.2020 in Cr. Misc. No. 2241 of
2021 and Cr. Misc. No.32494 of 2020. He further submits that
the police after investigation submitted the charge sheet against
the petitioner and the petitioner is in custody since 21.01.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that it has come during investigation that 30 bags of
putty was recovered from the house of the petitioner and apart
from that petitioner carries eighteen criminal antecedents in
which he is on bail in fourteen cases and four cases are pending
for consideration before competent court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
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the like amount each to the satisfaction of the learned C.J.M.,
Vaishali, Hajipur in connection with Vaishali P.S. Case No. 225
of 2020, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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