Patna High Court

Gaurav Kumar Sahani @ SonuversusThe State of Bihar

Decided: 5 May 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court ordered the release of the petitioner on bail, subject to bond and surety conditions, and retained the trial court's power to cancel the bail if trial delay is attempted.

Summary

The petitioner, Gaurav Kumar Sahani, was charged under Sections 302 and 34 of the Indian Penal Code for murder and under Section 27 of the Arms Act. He contended that he did not fire the weapon and that the actual shooter was his brother. The petitioner had earlier sought anticipatory bail, which the High Court rejected in 2024. He now applied for regular bail, arguing lack of direct involvement and citing his prior criminal record as unrelated. The Court, after hearing counsel for both sides, granted bail on the condition of a Rs.25,000 bond with two sureties, while reserving the right of the trial court to cancel bail if the petitioner attempts to delay the trial.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged with murder and a firearms offence.
Whether the earlier rejection of anticipatory bail can be revisited in light of the petitioner's claim of non‑participation in the shooting.
Whether the petitioner’s prior criminal record precludes the grant of bail.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 302, 34

Subjects

bail
anticipatory bail
murder
IPC
Arms Act
criminal procedure
prior convictions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11773 of 2026
                      Arising Out of PS. Case No.-50 Year-2023 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Gaurav Kumar Sahani @ Sonu @ Sanu Sahni, S/O Late Gopal Sahani R/O
                 Arya Kumar Road, Machhua Toli, P.S- Kadam Kuan, Distt.- Patna.
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Sri Rajendra Narain, Sr. Advocate
                                                 Sri Arvind Kumar, Advocate
                 For the Opposite Party/s :      Sri Shantanu Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                   1. Heard Sri Rajendra Narain, learned Senior Counsel

                   for the petitioner and learned A.P.P. for the State.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 302/34 of the Indian Penal

                   Code as well as Section 27 of the Arms Act.

                                 3. Learned Senior Counsel for the petitioner submits

                   that petitioner has antecedent of two cases under Section 379 read

                   with other minor sections of the Indian Penal Code and from

                   perusal of the allegation as alleged in the FIR, it would manifest

                   that allegation of firing is against Babloo Sahni @ Govind Sahni

                   and petitioner, being his elder brother, came to be implicated who

                   is not alleged to have fired. It is further submitted that charges

                   against the petitioner stand framed by an order dated 17.03.2026.

                   It is next submitted that petitioner had earlier moved this Court

                   seeking anticipatory bail by filing Cr. Misc. No. 25685 of 2024
           Patna High Court CR. MISC. No.11773 of 2026(2) dt.05-05-2026
                                                       2/2




                     and the same came to be rejected vide order dated 02.05.2024 by

                     this Court after considering the case on merits but then it is

                     reiterated and submitted that petitioner is not alleged to have fired.

                                  4. Learned A.P.P. for the State vehemently opposes the

                     prayer for regular bail of the petitioner.

                                  5. Considering the submissions made by the learned

                     Senior Counsel appearing on behalf of the petitioner, the

                     petitioner, above-named, is directed to be released on bail on

                     furnishing bail bonds of Rs.25,000/- (Rupees Twenty-Five

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

                     satisfaction of the learned Trial Court where the case is pending in

                     connection with Session Trial No. 2479 of 2025 arising out of

                     Kadamkuan P.S. Case No. 50 of 2023.

                                  6. However, it is made clear that if the learned Trial

                     Court comes to a conclusion that petitioner, after his release on

                     bail, is trying to delay the trial of the case in any manner, the

                     learned Trial Court shall be at liberty to cancel the bail bonds of

                     the petitioner.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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