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Patna High Court

Sanjay SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Sanjay Sahni, was charged in Bibhutipur PS Case No.12 of 2024 with offences under Sections 341, 323, 307, 447, 448, 504, 506/34 of the IPC, Section 27 of the Arms Act and later added Section 302 IPC for alleged involvement in the death of the informant's husband. The prosecution alleged that Sahni, along with other accused, dragged the victim and that co‑accused Krishna Kumar fired the fatal shot. The petitioner contended that the specific charge of firing the gun pertained only to Krishna Kumar, who had already been granted bail, and that no overt act was directly attributed to him. The State opposed the bail application, citing the seriousness of the charges. The Court, after considering the nature of the accusation and the period of custody, allowed the regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with murder and other serious offences.
  • Whether the absence of a specific overt act attributed to the petitioner justifies granting bail.
  • Whether the period of custody and nature of the allegations warrant denial of bail.

Legislation cited

Subjects

  • regular bail
  • IPC
  • murder
  • Arms Act
  • high court
  • criminal procedure
  • Samastipur
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12275 of 2026
                    Arising Out of PS. Case No.-12 Year-2024 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Sanjay Sahni S/o Late Pachu Sahni R/o Village- Patpara North, P.S-
                 Bibhutipur, Dist- Samastipur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-03-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Bibhutipur P. S. Case No. 12 of 2024 registered for the offences

                   punishable under Sections 341, 323, 307, 447, 448, 504, 506/34

                   of the Indian Penal Code and Section 27 of the Arms Act to

                   which Section 302 IPC was added later on.

                                3. As per prosecution case, this petitioner along with

                   other accused persons dragged husband of the informant and

                   thereafter co-accused Krishna Kumar fired upon him due to

                   which he sustained firearms injury, resulting in his death.

                                4. Learned counsel for the petitioner submits that

                   specific accusation of causing gunshot injury is against co-

                   accused Krishna Kumar who has already been granted bail by
              Patna High Court CR. MISC. No.12275 of 2026(2) dt.18-03-2026
                                                          2/2




                        co-ordinate Bench of this court vide order dated 02.09.2025

                        passed in Cr. Misc. No. 29646 of 2025. There is no allegation of

                        any specific overt act against the petitioner. Petitioner is in

                        custody since 18.07.2025.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation and period of

                        custody, this bail application is allowed. The petitioner, above

                        named, is directed to be released on bail on furnishing bail bond

                        of Rs. 10,000/- (Ten thousand) with two sureties of the like

                        amount each to the satisfaction of the learned District &

                        Additional Sessions Judge-II, Rosera, Samastipur in connection

                        with Bibhutipur P. S. Case No. 12 of 2024.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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