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Patna High Court

Vijay Kumar SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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