Patna High Court
Jhalu Sahni @ Aditya KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail may be granted only if the lower court is satisfied that the matter has been settled and the informant supports the compromise.
Summary
Petitioner Jhalu Sahni (Aditya Kumar) sought anticipatory bail in a case (PS No. 290/2025) alleging offences including extortion, offences under the Bharatiya Nyaya Sanhita, Arms Act, SC/ST Act and POCSO Act. The prosecution alleged that the petitioner demanded rangdari (extortion). The petitioner claimed innocence and asserted that the dispute had been compromised between the parties. The State opposed the bail application. The High Court disposed of the bail application, directing the petitioner to approach the lower court with a compromise petition and stating that anticipatory bail would be granted only if the lower court is satisfied that the compromise is genuine and the informant supports it, subject to a bail bond of Rs.10,000 with two sureties; otherwise the lower court should pass an appropriate order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner pending verification of a claimed compromise in a case involving multiple serious offences.
Legislation cited
- Arms Act — s. 25(1-B)a, 26
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 333, 3(5), 351(2), 352, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
- SC/ST (Prevention of Atrocities) Act — s. 3(i)(r), 3(i)(s)
Subjects
- anticipatory bail
- extortion
- compromise
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- SC/ST Act
- POCSO Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11621 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Jhalu Sahni @ Aditya Kumar S/o Amirlal Sahni @ Anil Raj Sahni Resident of
Village- Hathsarganj Amar Singh Asthan, Police Station- Hajipur Town, Dist.-
Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXXX W/O YYYYYY Resident of Village- Ganj Pathan Toli, Hajipur,
Police Station- Hajipur Town, Dist.- Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar
For the Opposite Party/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Hajipur Town P.S. Case No. 290 of 2025 registered for offences
under Sections 333, 126(2), 115(2), 118(1), 109, 76, 352, 351(2)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1-
B)a, 26 of the Arms Act and Sections 3(i)(r)& 3(i)(s) of the
SC/ST Act and Sections 8, 12 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of demanding rangdari (extortion).
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence
Patna High Court CR. MISC. No.11621 of 2026(2) dt.23-02-2026
2/2
He further submits that the matter has been compromised
between the parties.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid, this application is
disposed of with liberty to the petitioner to move before the
Court below along with the compromise petition. If the Court
below finds that the matter has been settled between the parties
and the informant supports the same, then the petitioner shall be
released on anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned concerned Court
below in connection with Hajipur Town P.S. Case No. 290 of
2025 and if O.P. No. 2 does not support the compromise, the
Court below shall pass an appropriate order.
(Sandeep Kumar, J)
Ranjeet/-
U T
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