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Patna High Court

Subash Sahani @ Subhash Sahani @ Subhash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a bond and compliance with specified terms.

Summary

The petitioner, Subash Sahani, was arrested on 28 July 2025 in connection with a theft case (Section 303(2) of the B.N.S.) after a motorcycle was recovered from his possession. He claims innocence, stating he was not named in the FIR and was implicated only because the recovered motorcycle belonged to him; however, he later confessed to the offence. The prosecution opposed bail, highlighting four prior criminal antecedents. The court noted that despite the confession, the petitioner was not originally named in the FIR and considered the circumstances suitable for bail. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite his confession and prior criminal antecedents
  • Whether the fact that the petitioner was not named in the FIR affects the bail decision

Legislation cited

Subjects

  • bail
  • Section 303(2)
  • B.N.S.
  • confession
  • prior criminal antecedents
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88966 of 2025
                   Arising Out of PS. Case No.-88 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Subash Sahani @ Subhash Sahani @ Subhash Kumar Son of Lalbabu Sahni
                 Resident of Village-Madhuban Dihu Tola, P.S.- Kalyanpur, District- East
                 Champaran at Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   15-01-2026                  Heard Mr. Shashank Shekhar, learned counsel for the

                   petitioner and Mr. Madhura Nand Jha, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   28.07.2025 in connection with Rajepur P.S. Case No. 88 of

                   2025, F.I.R. dated 17.04.2025 for the offences punishable under

                   Section 303(2) of the B.N.S.

                                3. According to prosecution case, petitioner and other

                   co-accused persons are alleged to have stolen the motorcycle of

                   the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that the petitioner
Patna High Court CR. MISC. No.88966 of 2025(3) dt.15-01-2026
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          is not named in the F.I.R. and his name has been transpired on

          the basis of motorcycle in question has been recovered from the

          possession of the petitioner and the petitioner has been

          remanded in the present case in Garhiya Bazar P.S. Case No. 97

          of 2025 and thereafter petitioner has confessed his guilt in the

          present occurrence. The police after investigation, submitted

          charge-sheet against the petitioner and the petitioner is in

          custody since 28.07.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner and submits that the

          petitioner carries four more criminal antecedents other than the

          present one.

                       6. Considering the aforesaid facts and circumstances,

          petitioner is not named in the F.I.R. and he has confessed his

          guilt in the present occurrence, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Chief Judicial Magistrate, East

          Champaran at Motihari in connection with Rajepur P.S. Case

          No. 88 of 2025, with 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
            Patna High Court CR. MISC. No.88966 of 2025(3) dt.15-01-2026
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                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her 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)

Ranjeet/-

U      T


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