Patna High Court
Prem Sahni @ Gopal ChaudhryversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused bail, holding that the circumstances did not warrant its grant.
Summary
Prem Sahni, also known as Gopal Chaudhry, applied for bail while in custody since 12 February 2025 in connection with a 2004 murder case (Sections 302, 307, 34 IPC) and several offences under the Arms Act. The FIR alleges that he, along with co‑accused, fired on an informant’s brother, causing his death, and that he had previously attacked the same family. The petitioner’s counsel argued that he was falsely implicated, that the FIR contains no specific allegation against him, and that he had not yet been remanded in the present case. The State’s counsel countered that the petitioner is named in the FIR, faces direct allegations, had absconded since 2004, and his prolonged detention hindered trial progress. The bench, after considering the seriousness of the charges and the petitioner’s alleged abscondence, declined to grant bail. Consequently, the bail prayer was refused.
Issues considered
- Whether bail should be granted to an accused in a murder and arms offence case where the accused is alleged to have absconded and has been in custody for an extended period.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Indian Penal Code — s. 302, 307, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- criminal procedure
- pre‑trial detention
- absconding
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12389 of 2026
Arising Out of PS. Case No.-126 Year-2004 Thana- AGAMKUAN District- Patna
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Prem Sahni @ Gopal Chaudhry S/o- Kapilmuni Sahni @ Kapil Chaudhry
R/V- Gandhi Nagar PS-Agamkuan Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 30-04-2026 Heard Ms. Eashita Raj, learned counsel for the
petitioner and Mr. Anil Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
12.02.2025 in connection with Agamkuan P.S. Case No. 126 of
2004, FIR dated 21.04.2004 registered for the offence under Section
302, 307, 34 of the Indian Penal Code and Section 25(1-B)a, 26, 27,
35 of the Arms Act.
3. Allegation against the petitioner is that he along with
other co-accused person opened fired upon the informant and his
brother due to which informant’s brother sustained injuries and died
on spot. It is further alleged that the petitioner and other accused
person had previously attacked and injured his brother on two
occasion and cases were registered.
4. Learned counsel appearing for the petitioner submits
that the petitioner is innocent and he has falsely been implicated in
this case. She next submits that although FIR was instituted in the
Patna High Court CR. MISC. No.12389 of 2026(4) dt.30-04-2026
2/2
year 2004 but on 12.02.2025, the petitioner has been remanded in
connection with Fatuha P.S. Case no. 164 of 2014. She next submits
that petitioner has not been remanded in the present case as yet and
from bare perusal of the FIR it appears that there is no specific
allegation against the petitioner.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and submits
that petitioner is named in the FIR and apart from that there is direct
and specific allegation against the petitioner that he along with other
accused persons have fired upon the brother of the informant and he
died on the spot. Furthermore, it is submitted that the petitioner had
absconded since 2004 and has been in custody since 12.02.2025.
Owing to his prolonged absence, the trial could not proceed.
6. Considering the facts and circumstances of the case,
I am not inclined to enlarge the petitioner on bail in connection with
Agamkuan P.S. Case No. 126 of 2004, pending in the Court of
Additional District and Sessions Judge-II, Patna City.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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