Patna High Court
Nawal Kishore SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Petitioner Nawal Kishore Sahani was arrested in connection with a case alleging that he and others fired on the son of an informant, resulting in death, and were charged under multiple sections of the B.N.S. and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated and that the present case was a counter‑version of a case he had filed, asserting that the prosecution was the aggressor. He had been in judicial custody since 28 June 2025 and sought regular bail. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioner's claim of false implication and, considering the circumstances, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the B.N.S. and Arms Act
- Whether the allegations of false implication and counter‑case affect the bail decision
Legislation cited
Subjects
- bail
- regular bail
- false implication
- Arms Act
- criminal procedure
- injury
- murder
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10151 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Nawal Kishore Sahani Son of Rajmangal Sahani R/o Village- Banarjhula
Bhagwanpur, P.S.- Pakaridayal, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 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 sections 191(2),
191(3), 190, 329(3), 126(2), 115(2), 118(1), 109, 103(1), 125(b)
and 117(2) of B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that the informant was
constructing his house, in the meanwhile, this petitioner along with
others being armed with weapon arrived there. It is alleged that
Shivraj Sahani, Nawal Sahani(petitioner), Sikandar Sahani and
Praveen Sahani fired on the son of the informant, namely, Ajay
Sahani due to which he sustained gun shot injuries and has died.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.10151 of 2026(2) dt.09-02-2026
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falsely been implicated in this case. It has further been submitted
that this case is a counter version of a case filed by the petitioner
which is Pakaridayal P.S. Case No. 313 of 2025. Learned counsel
for the petitioner has further submitted that the date and time of
occurrence of the present case is 26.06.2025 at 05:30 P.M. and
date and time of occurrence of counter case is 26.06.2025 at 05:00
P.M. This shows that the prosecution party of the present case was
aggressor. Moreover, the petitioner is languishing in judicial
custody since 28.06.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
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
Pakaridayal P.S. Case No. 311 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 Additional Sessions Judge-XVI,
Motihari, East Champaran.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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