Patna High Court
Kailash SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, subject to bond, sureties and conditions, with the power to cancel if they delay the trial.
Summary
The petitioners, Kailash Sahni, Laxman Sahni and Ram Nandan Rai, feared arrest in a case involving alleged offences under Sections 302/34, 120B, 467, 468, 201 of the IPC and Sections 18 and 22 of the Transplantation of Human Organs and Tissues Act. They contended that the police investigation had exonerated them and recommended action against the complainant under Sections 182 and 211 IPC, yet no summons had been served. After an earlier anticipatory bail application was rejected, they filed a fresh application while a process under Section 82 CrPC had been issued. The State opposed the bail, arguing that the petitioners were still liable. The High Court, considering the police’s final report and the fact that cognizance was taken only on a protest, granted anticipatory bail subject to a bond, sureties and conditions, and retained the power to cancel the bail if the petitioners attempted to delay the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the pending charges under IPC and THOTA.
- Whether the police’s exonerating report and recommendation for action against the complainant affect the court’s discretion to grant bail.
- Whether the issuance of a process under Section 82 CrPC precludes anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482, 82
- Indian Penal Code — s. 120, 182, 201, 211, 302, 34, 467, 468
Subjects
- anticipatory bail
- false implication
- organ transplantation offence
- criminal procedure
- Section 182 IPC
- Section 211 IPC
- Section 438 CrPC
- Section 482 CrPC
- police exoneration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13928 of 2026
Arising Out of PS. Case No.-1138 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
1. Kailash Sahni S/o- Late Dasai Sahni R/Village - Gangaura , P.S. -
Chakmehsi District - Samastipur
2. Laxman Sahni S/o- Munna Sahni R/v- Trimohan Ps- Basura Moro Dist-
Darbhanga
3. Ram Nandan Rai S/o- Late Muneshwar Rai R/v- Susta Tole Badya Ps-
Gaighat Dist- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Debu Ram S/o- Late Visheshwar Ram R/v- gangaura Ps- Chakmehsi Dist-
Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mahendra Pratap, Advocate
Mr. Neeraj Kumarm Advocate
For the Opposite Party/s : Mr. Mirtunjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-03-2026 Heard learned counsel for the petitioners, the learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 302/34,
120B, 467, 468, 201 of the IPC read with Sections 18 and 22 of
Transplantion of Human Organs and Tissues Act (THOTA).
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and based on
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complaint of O.P. No.2, an F.I.R was instituted and the
allegation in the FIR in sum and substance was that his
daughter-in-law became ill thus the informant asked Kailash for
help who in garb of giving monetary help, made the informant
signed on some blank paper, further his daughter-in-law was
treated by the doctor but her condition did not improve hence
was referred to P.M.C.H where doctor found that her kidney was
extracted.
4. Learned counsel for the petitioners submits that the
petitioner have been falsely implicated in the instant case. It is
next submitted that police after threadbare investigation came to
a considered conclusion that the petitioners are innocent and
thus submitted final form in their favour exonerating them of the
allegations as alleged in the F.I.R and recommended for
initiating an action against the informant under Section 182 and
211 of the I.P.C for instituting a false case, it is submitted that
the informant as complainant filed a protest based on which
cognizance came to be taken in the year 2020. It is further
submitted that the petitioners were completely unaware that
cognizance in the case has been taken in the court as they never
received any summons.
5. Learned A.P.P. for the State submits that no pleading
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to that effect has been made in the anticipatory bail application
and the learned counsel appearing on behalf of the O.P. No. 2
submits that process under Section 82 of Cr.P.C has been issued
against the petitioners on 22.01.2026, on which the learned
counsel appearing on behalf of the petitioners submits that what
is not in dispute rather stands admitted is that the police after
investigation submitted final form and recommended for
initiating an action against the informant under Section 182 and
211 of the I.P.C and thereafter based on protest cognizance came
to be taken in the year 2020 and thereafter the petitioners never
received any summons but then police in the last month of 2025
knocked the door of the petitioners when they came to know
that cognizance in the case has been taken based on protest as
such the petitioners moved before the learned district court
seeking anticipatory bail by filing A.B.P No. 3183 of 2025 and
the same came to be rejected by an order dated 12.01.2026. It is
next submitted that thereafter the petitioners after obtaining all
the relevant documents approached this court by filing the
instant anticipatory bail application on 19.02.2026 but in
between on 22.01.2026 process under Section 82 Cr.P.C was
issued. It is submitted that petitioners were not absconding
rather were availing their remedy available in law. It is also
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submitted that when one investigating agency after a threadbare
investigation came to a considered conclusion that the
petitioners are innocent whether it would be prudent for the
Court to send the petitioner to jail based on an order of
cognizance which came to be taken based on a protest petition.
It is also submitted that if privilege of anticipatory bail is
granted, the petitioners will not abscond rather will co-operate
in the trial to prove their innocence.
6. Learned A.P.P. for the State and the learned counsel
appearing on behalf of the O.P. No. 2 opposes the anticipatory
bail application but then are not in a position to rebut the
submissions of the learned counsel appearing on behalf of the
petitioners that police after investigation submitted final form
exonerating the petitioners of the allegations and recommend for
initiating action against the informant/complainant under
Section 182 and 211 IPC.
7. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
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trial court where the case is pending/successor court in
connection with complaint petition vide C.R. Case No. 1138 of
2018 arising out of Chakmeshi P.S. Case No. 16 of 2016
subject to the conditions as laid down under Section 482 (2) of
the BNSS/Section 438(2) of the Cr.P.C.
8. However, it is made clear that if the learned trial
court comes to a conclusion that the petitioners after their
release on anticipatory bail are trying to delay the framing of
charge or after framing of charge are trying to delay the trial in
any manner, the learned trial court shall be at liberty to cancel
the bail bonds of the petitioners.
(Satyavrat Verma, J)
vashudha/-
U T
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