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Patna High Court

Sanni KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, holding that the confessional statement of the co‑accused and the prior antecedent did not preclude bail.

Summary

The petitioner, Sanni Kumar, was arrested as a pillion rider on a bike from which a country‑made pistol was allegedly recovered, leading to a charge under Section 309(4) of the Bihar Narcotic Substances Act. The prosecution’s case relied on a confessional statement of a co‑accused, Mukesh Patel, while the petitioner’s counsel argued that no weapon was found on him and the only recovery was from the co‑accused’s house. The State opposed bail, citing the petitioner’s prior criminal antecedent. After hearing both sides, the court considered the lack of direct evidence against the petitioner and the nature of the charge, and decided to grant regular bail. The petitioner was released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the District and ACJM‑1st, Samastipur.

Issues considered

  • What is the applicability of regular bail under Section 309(4) of the Bihar Narcotic Substances Act to the petitioner?
  • Does a confessional statement of a co‑accused suffice to deny bail to the petitioner?
  • Can the petitioner’s prior criminal antecedent justify refusal of bail?

Legislation cited

Subjects

  • regular bail
  • Section 309(4)
  • Bihar Narcotic Substances Act
  • confessional statement
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88545 of 2025
                      Arising Out of PS. Case No.-140 Year-2025 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Sanni Kumar Son of Shiv Narayayan Sahni @ Shiv Nath Sahni Resident of
                 Village- Mirzapur, P.S.- Tajpur, District- Samastipur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijay Bhushan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   03-02-2026                  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 Section 309(4) of the

                   BNS.

                                3. The case of the prosecution, in short, is that three

                   miscreants on a bike followed the informant and on gunpoint

                   snatched his Hanumani golden locket. The informant has also

                   mentioned the registration no. of the bike which is BR 33BD

                   9275.

                                4. Learned counsel for the petitioner has submitted

                   that FIR was lodged against unknown miscreants and during

                   course of investigation the petitioner was apprehended with one

                   co-accused Mukesh Patel @ Basant on a bike. On that bike
Patna High Court CR. MISC. No.88545 of 2025(3) dt.03-02-2026
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          petitioner was a pillion rider and on search it is alleged that

          country made loaded pistol was recovered from the possession

          of this petitioner and on the basis of the recovery of the country

          made pistol a separate case was registered as Tajpur P.S. Case

          No. 141 of 2025. Learned counsel for the petitioner has

          submitted that co-accused Mukesh Patel has given his

          confessional statement in this case and on the basis of that

          statement the petitioner has been impleaded in this case.

          Learned counsel for the petitioner has further submitted that

          save and except the confessional statement of co-accused

          Mukesh Patel, there is nothing against the petitioner. No

          recovery has been made from the possession of the petitioner

          rather recovery has been made from the house of co-accused

          Uday Kumar.

                       5. Learned Additional Public Prosecutor for the State

          has vehemently opposed the bail of the petitioner and has

          submitted that the petitioner is having criminal antecedent of

          one case.

                       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
            Patna High Court CR. MISC. No.88545 of 2025(3) dt.03-02-2026
                                                        3/3




                      Tajpur P.S. Case No. 140 of 2025 on furnishing bail bond of

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

                      each to the satisfaction of learned District and ACJM-

                      1st,Samastipur.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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