Patna High Court
Jitu Sahani @ Jitendra SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Jitu Sahani, was charged under several sections of the B.N.S., 2023 for the alleged kidnapping and death of an informant's son during a Tazia procession. He contended that he was not present at the incident, was working in Punjab, and that the case was lodged after an inordinate delay, asserting his innocence and lack of specific allegations against him. The State opposed bail, while the petitioner highlighted his clean antecedent, the grant of regular bail to similarly situated co-accused, and the submission of the charge‑sheet. The Court noted the charge‑sheet was filed, the petitioner had been in custody since September 2025, and there was no risk of evidence tampering or absconding. Accordingly, the Court ordered the release of the petitioner on regular bail with a bond of Rs.10,000 and two sureties, subject to conditions of appearance and potential cancellation for non‑compliance.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences and the circumstances of the case.
Legislation cited
- B.N.S., 2023 — s. 109, 118(1), 118(2), 126(2), 190, 191(2), 191(3)
Subjects
- regular bail
- criminal procedure
- charge-sheet
- delay in filing
- clean antecedent
- co‑accused bail precedent
- Tazia procession
- sections of B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1242 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- MEHSI District- East Champaran
======================================================
Jitu Sahani @ Jitendra Sahani Son of Sukh Lall Sahani Resident of Village
Chak Nagari, P.S.- Mehsi, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Khanna, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offence punishable under Sections 190, 191(2), 191(3),
126(2), 118(1), 118(2) and 109 of the B.N.S., 2023.
3. As per the prosecution case, it is alleged that
petitioner and other co-accused persons dragged away the son of
the informant when a fighting erupted during Tazia procession.
The informant further alleged that his wife was given
information on mobile phone that his son was lying at a
particular spot and thereafter, he informed the Police and Police
reached there and found his son in injured condition. Later on,
the son of the informant succumbed to his injuries.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.1242 of 2026(3) dt.23-02-2026
2/3
petitioner is innocent and has falsely been implicated in the
present case. Further submission is that there is no specific
allegation against the petitioner. There is an inordinate delay of
five days in lodging the present case. Petitioner was not present
at the place of occurrence on the date of occurrence as he was
working in Punjab. He next submits that petitioner’s side has
also lodged a case against the informant and others bearing
Mehsi P.S. Case No. 178 of 2025 in which informant’s side
assaulted a number of persons from the petitioner’s side and one
of them namely, Ajay Ray died. The charge-sheet has already
been submitted after completion of investigation. Similarly
situated co-accused persons, namely, Sonu Sahani @ Lall Babu
@ Suga @ Sonu Kumar Sahani @ Santu Sahani @ Sanu
Sahani, Basant Ray, Rajesh Ray have already been granted
regular bail by a Co-ordinate Bench of this Court vide common
order dated 08.12.2025 passed in Cr. Misc. No. 83452 of 2025
and other tagged cases. Petitioner is in custody since 17.09.2025
having no criminal antecedent and he undertakes to co-operate
in the trial. There is no chance of tampering with the evidence or
absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
Patna High Court CR. MISC. No.1242 of 2026(3) dt.23-02-2026
3/3
6. Considering the aforesaid facts and circumstances
of the case as well as the fact that charge-sheet has been
submitted, similarly situated co-accused persons have been
granted bail, clean antecedent and period of custody, let the
above named petitioner 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 Court concerned, where
the case is pending, in connection with Mehsi P.S. Case No. 184
of 2025 with following conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of non-appearance of the petitioner on
single date or in violation of the terms of the bail, the bail bond
of the petitioner will be liable to be cancelled by the Court
concerned.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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