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Patna High Court

Raj Kumar SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to regular bail and the bail application is allowed.

Summary

The petitioners, Raj Kumar Sahani and Vijay Kumar Sahani, were arrested in connection with a violent incident that resulted in the deaths of Pankaj and Bhutkun, and were charged with multiple offences under the Indian Penal Code and the Arms Act. The prosecution’s case relied mainly on the statements of a watch‑man informant, who was not an eye‑witness to the alleged killings. The petitioners contended that they were falsely implicated, had clean antecedents, and that the allegations were based on mere suspicion. The State opposed regular bail but could not rebut the claim that the informant’s testimony was insufficient to establish the petitioners’ direct participation. Considering the lack of direct evidence, the petitioners’ clean record and their willingness to cooperate, the Court ordered their release on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties. The application for bail was therefore allowed.

Issues considered

  • Whether the petitioners are entitled to regular bail despite being charged with serious offences under the IPC and Arms Act.
  • Whether the informant’s non‑eyewitness testimony and the reliance on suspicion justify denial of bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • murder
  • suspicion
  • clean antecedent
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10589 of 2026
                      Arising Out of PS. Case No.-471 Year-2022 Thana- PAROO District- Muzaffarpur
                 ======================================================
           1.     Raj Kumar Sahani S/o Bhuneshwar Sahani R/o Village - Basantpur, P.S -
                  Paroo, District - Muzaffarpur
           2.     Vijay Kumar Sahani @ Vijay Sahani @ Vijay Kumar S/o Late Tileshwar
                  Sahani R/o Village - Basantpur, P.S - Paroo, District - Muzaffarpur
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Prasoon Kumar
                 For the Opposite Party/s :        Ms.Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-02-2026                  1. Heard the learned Advocate for the petitioners and

                   the learned APP for the State.

                                2. The petitioners seek bail in a case instituted for the

                   offences under Sections 341, 323, 147, 148, 149, 302, 304,

                   120(B), 504 and 506 of the Indian Penal Code and Sections

                   25(1-B)a, 26 and 27 of the Arms Act.

                                3. The learned counsel for the petitioners has

                   submitted that petitioners are persons with clean antecedent and

                   the informant alleges that two dead bodies were recovered and

                   the same was identified as that of Pankaj and Bhutkun. Further,

                   body of Pankaj had firearm injury and a pistol was lying near

                   the two dead bodies. It is next alleged that informant came to

                   know that Pankaj, Bhutkun along with Ranjeet were returning
Patna High Court CR. MISC. No.10589 of 2026(2) dt.16-02-2026
                                            2/3




          home after liquor party, when on the way there was an

          altercation amongst the three and Bhutkun with his pistol shot

          Pankaj dead and in the meantime, nearby people gathered along

          with the petitioners who shot Bhutkun to death.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case. It is

          next submitted that from perusal of the allegation as alleged in

          the FIR, it would manifest that the informant, who is a

          Chaukidar, alleges that two dead bodies were found lying at the

          place of occurrence and he came to know later that Pankaj,

          Bhutkun along with Ranjeet were returning after a liquor party

          and on account of an altercation amongst them Bhutkun shot

          Pankaj and thereafter people gathered along with the petitioners

          and assaulted Bhutkun to death.

                       5. The learned counsel appearing on behalf of the

          petitioners submits that informant is not an eye witness to the

          occurrence nor he has disclosed that who saw the occurrence or

          the petitioners assaulting Bhutkun. It is next submitted that

          entire allegation hinges around suspicion and even presuming

          what has been alleged is true without admitting, then it is not the

          case of the prosecution that it was only petitioners who along

          with Ranjeet assaulted Bhutkun to death as it has been alleged
               Patna High Court CR. MISC. No.10589 of 2026(2) dt.16-02-2026
                                                           3/3




                         that nearby people gathered who assaulted Bhutkun. It is

                         reiterated and submitted that petitioners are persons with clean

                         antecedent and will not abscond rather will cooperate in the trial

                         to prove their innocence. It is further submitted that petitioners

                         are in custody since 14.12.2025 and charge-sheet has been

                         submitted.

                                      6. The learned A.P.P. for the State opposes the prayer

                         for regular bail of the petitioners, but then, is not in a position to

                         rebut the submission of the learned counsel appearing on behalf

                         of the petitioners that from perusal of the allegation as alleged in

                         the FIR, it manifests that informant is not an eye witness to the

                         occurrence and the allegation hinges around suspicion.

                                      7. Considering the facts afore-stated, the petitioners,

                         above-named, are directed to be released on bail on their

                         furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten

                         Thousand) each with two sureties of the like amount each to the

                         satisfaction of learned J.M.F.C., Muzaffarpur (West) in

                         connection with Paroo P. S. Case No. 471 of 2022.

                                      8. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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