Patna High Court
Sanjay SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 323, 341, 447, 448, 504, 506/34
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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