Patna High Court
Anil SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
The court dismissed the pre‑arrest bail application, holding that the petitioner, as a conspirator in a serious offence, does not merit bail.
Summary
The petitioner, Anil Sahani, applied for pre‑arrest bail in a case (PS‑Case No.381 of 2025) involving multiple serious offences under the Bihar Penal Code, including conspiracy, assault with a knife, and robbery. The FIR alleges that the petitioner lured an informant to a location near Durga Mandir where co‑accused persons, led by Ramesh Patel, assaulted the informant and his son, causing head injuries, and stole cash and a gold chain. The petitioner’s counsel argued that no injury was caused by the petitioner himself and that the allegations were general, warranting bail. The informant’s counsel contended that the petitioner was the mastermind who deliberately called the informant to the spot and coordinated the attack, making him a principal conspirator. The bench, after considering the seriousness of the offences and the petitioner’s alleged role as a conspirator, refused to grant pre‑arrest bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations of conspiracy and participation in serious offences under the Bihar Penal Code.
Subjects
- pre‑arrest bail
- conspiracy
- assault with knife
- robbery
- serious offence
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11958 of 2026
Arising Out of PS. Case No.-381 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
Anil Sahani S/o Jai Mangal Sahani Resident of Village - Bhelwa Ward no. 9,
P.S - Madhuban, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prateek Tandon, Advocate
For the Opposite Party/s : Mr.Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Madhuban P.S.Case No.381 of 2025, registered for the offences
punishable under Sections 191(2), 126(2), 115(2), 109, 118(1),
303(2), 352, 351(2), 351(3) of BNS.
3. As per the allegations made in the FIR, the
petitioner called the informant near Durga Mandir, where all the
accused persons surrounded and assaulted him. It is further
alleged that co-accused Ramesh Patel assaulted the informant
and his son with a knife and the other co-accused persons
snatched Rs. 5,000/- from his pocket and a gold chain worth
Rs.10,000/-.
4. Learned counsel appearing on behalf of the
petitioner submitted that no injury is attributable to the
petitioner and, therefore, he deserves to be released on pre-arrest
Patna High Court CR. MISC. No.11958 of 2026(2) dt.12-03-2026
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bail in view of general and omnibus allegation against the
petitioner.
5. Mr. Sagar Kumar, learned counsel for the
informant, has vehemently opposed the bail application of the
petitioner and submitted that it was the petitioner who, in a
planned manner, had called the informant to the place of
occurrence and had informed the co-accused persons to come
there where the informant was present near Durga Mandir and
he being the main conspirator of the petitioner does not deserve
to be released on bail.
6. Considering the nature of allegations and the
complicity of the petitioner in the alleged offence, which is
serious, in which the petitioner is the conspirator and the co-
accused Ramesh Patel had assaulted the informant with a knife
causing head injury to the informant and his son with an
intention to kill, I am not inclined to enlarge the petitioner on
pre-arrest bail.
7. Accordingly, the present bail application is
dismissed.
(Purnendu Singh, J)
chn/-
U T
Patna High Court CR. MISC. No.11958 of 2026(2) dt.12-03-2026
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