Patna High Court

Nishant Kumar Sahni @ Guddu Sahni @ Nishant SahniversusThe State of Bihar

Decided: 13 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Nishant Kumar Sahni, was charged under Section 392 of the Indian Penal Code for a robbery in which a bike carrying Rs. 3,86,740 was hijacked at Prince Book Stationary, Dalsinghsarai. He contended that he was falsely implicated, asserting that the FIR was initially lodged against an unknown person and that his name only appeared in a co‑accused's confessional statement, with no material recovered from him and no T.I.P. conducted. The petitioner also highlighted his long custody since 18‑10‑2023 and alleged that the case against him relied solely on his alleged criminal antecedent of 23 similar cases. The State opposed the bail application. Considering the lack of direct evidence and the circumstances, the court granted regular bail on a bond of Rs.10,000 with two sureties and imposed conditions of cooperation, presence in court, and weekly police station attendance.

Issues considered

Whether regular bail should be granted to the accused in a robbery case under Section 392 IPC when the only evidence is a co‑accused's confessional statement and no material has been recovered.
Whether the petitioner’s prior criminal antecedent justifies denial of bail.

Legislation cited

Indian Penal Code — s. 392

Subjects

regular bail
robbery
Section 392 IPC
confessional statement
criminal antecedent
bail bond
surety
police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89819 of 2025
                 Arising Out of PS. Case No.-193 Year-2023 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Nishant Kumar Sahni @ Guddu Sahni @ Nishant Sahni S/O Late Siyaram
                 Sahni @ Siya Ram Sahni R/O Village- Gunai Basahi, P.S- Tajpur, Distt.-
                 Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Khushi Awadh, Adv
                 For the Opposite Party/s :      Mr.Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   13-03-2026                    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 392 of the

                   Indian Penal Code.

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

                   informant along with his staff namely, Avneesh Kumar was

                   going to S.B.I, Dalsinghsarai Branch on a bike with total

                   collected amount Rs. 3,86,740/-. When they reached at the

                   Prince Book Stationary near Bazar Samiti, three persons on a

                   bike surrounded the bike of the informant on a gun point and

                   pulled out the key of his bike and snatched the bag and fled

                   away.
Patna High Court CR. MISC. No.89819 of 2025(3) dt.13-03-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in this

          case. It is further submitted that the FIR was lodged against the

          unknown. During the course of investigation, the name of this

          petitioner has surfaced in the confessional statement of co-

          accused. It has further been submitted that nothing has been

          recovered from possession of this petitioner and no T.I.P was

          conducted. Save and except confessional statement of co-

          accused there is nothing against the petitioner. Learned counsel

          for the petitioner has submitted that he has been framed in this

          case only on the basis of criminal antecedent of 23 cases of

          similar nature. The petitioner is in custody since 18.10.2023.

                       5. Learned APP appearing for the State has opposed

          the prayer for regular bail.

                       6. Considering the aforesaid 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 Dalsinghsarai P.S.Case No. 193 of 2023

          on furnishing bail bond of Rs, 10,000/- ( ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          ACJM 1st , Dalsinghsarai, Samastipur with the following

          conditions:- (i) The petitioner shall co-operate in trail and shall
            Patna High Court CR. MISC. No.89819 of 2025(3) dt.13-03-2026
                                                        3/3




                      remain physically present on each and every date in the learned

                      trail court. (ii) The petitioner shall mark his attendance weekly

                      at Tajpur police station.




                                            (Ashok Kumar Pandey, J)
N.K/-

U       T

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