Patna High Court
Vijay Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to bond and conditions, finding that the circumstances warranted release pending trial.
Summary
Vijay Kumar Sahani, arrested on 1 June 2025 in connection with a murder case (PS Case No. 78 of 2025), filed a bail petition claiming he was falsely implicated. He argued that the FIR was lodged after the post‑mortem report, that CCTV footage showed the deceased pulling him, and that the cause of death did not match the alleged strangulation. The prosecution opposed bail, citing the serious offences listed under the B.N.S. (Sections 126(2), 115(2), 303(2), 103(1), 352, 351(2), 351(3), 3(5) and a chargesheet under Section 105). The court examined the inconsistencies raised by the petitioner and, considering his clean antecedent, ordered his release on bail subject to a Rs.10,000 bond, two sureties, and strict conditions regarding cooperation, non‑tampering of evidence, and verification of criminal antecedents. The bail order was made without delay for verification, and the petitioner was directed to appear before the lower court as required.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S.
- Whether the inconsistencies in the FIR, post‑mortem timing, and CCTV footage create reasonable doubt justifying bail
- Whether the petitioner’s clean antecedent and claim of false implication warrant the grant of bail
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 105, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- bail
- false FIR
- post‑mortem report
- CCTV evidence
- criminal antecedent
- chargesheet
- conditions of bail
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10255 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- BARIYARPUR District- Munger
======================================================
Vijay Kumar Sahani S/o Mahdi Sahani R/o Village- Bariyarpur Basti, P.O-
Bariyarpur, P.S- Bariyarpur, Dist- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the State : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Mr. Shivjee Singh, learned counsel for the
petitioner and Mr. Rajendra Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
01.06.2025, in connection with Bariyarpur P.S. Case No. 78 of
2025, F.I.R. dated 31.05.2025 registered for the offences
punishable under Sections 126(2), 115(2), 303(2), 103(1), 352,
351(2), 351(3) 3(5) of the B.N.S., 2023 but the police after
investigation submitted chargesheet under Section 105 of the
B.N.S.
3. Allegation against the petitioner is that he along with
other co-accused persons having armed with lathi danda came at
his house and the petitioner murdered his father by strangulating.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
Patna High Court CR. MISC. No.10255 of 2026(3) dt.02-04-2026
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in the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and the petitioner has
not committed any offence as alleged in the F.I.R. He further
submits that it appears from the F.I.R. that the date of occurrence
as alleged in the F.I.R. is 30.05.2025 at about 2:00 P.M. and the
present F.I.R. was instituted on 31.05.2025 at about 12:10 P.M.
and the postmortem report of the deceased was conducted on
31.05.2025 at about 07:35 A.M. but the inquest report was
prepared on 30.05.2025 at about 05:30 P.M. which suggests that
the F.I.R. was instituted after the postmortem report and apart from
that from perusal of the CCTV footage which was recorded in
paragraph-27 of the case diary which suggests that the deceased
has pulled the petitioner and apart from aforesaid the cause of
death which was mentioned in the postmortem report does not
support the allegation as alleged in the F.I.R. He further submits
that the police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 01.06.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.10255 of 2026(3) dt.02-04-2026
3/3
Additional Chief Judicial Magistrate-II, Munger in connection
with Bariyarpur P.S. Case No. 78 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
U T
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