Patna High Court
Subash Sahani @ Subhash Sahani @ Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 303(2)
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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