Patna High Court
Sanni KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 309(4)
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
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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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