Patna High Court
Vishal SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Vishal Sahani applied for bail in a criminal case (PS Case No. 116 of 2025) alleging offences under several sections of the Bihar Narcotic Substances Act, 2023, Section 27 of the Arms Act and Section 103(1) of the IPC. The prosecution alleged that Sahani participated in a scuffle and that a co‑accused, Sonu Manjhi, fired at the informant’s son’s temple, after which the accused fled. The petitioner contended that he is innocent, has no criminal antecedents, was merely a member of a mob, and that the main accusation is against Manjhi; he also highlighted that the informant’s son has since died and that a co‑accused was granted anticipatory bail in a similar case. The State opposed bail, emphasizing the seriousness of the murder charge under Section 103. After hearing both sides, the court found the petitioner’s claim credible and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the charge under Section 103(1) IPC.
- Whether the death of the informant’s son affects the bail considerations.
- Whether the petitioner’s alleged role as a mere participant justifies bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5)
- Indian Penal Code — s. 103(1)
Subjects
- bail
- criminal procedure
- Section 103 IPC
- Arms Act
- narcotic offences
- anticipatory bail
- murder charge
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1614 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- ASANWA District- Siwan
======================================================
Vishal Sahani S/o Late Naresh Sahani R/o Village - Sinhpur, P.S - Assaon,
District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-01-2026 Heard Mr. Priyanshu Kumar Singh, learned counsel
for the petitioner and Mr. Nirmal Kumar Sinha, learned APP for
the State.
2. The petitioner has prayed for bail in connection
with Assaon P.S. Case No. 116 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 118(1), 109
& 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act and
later on Section 103(1) was added.
3. The case of the prosecution in short is that the
petitioner amongst other had scuffle with the son of the
informant and one Rakesh Sahni. It is further alleged that Sonu
Manjhi fired at the temple of the informant’s son and all the
accused persons fled away.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.1614 of 2026(2) dt.31-01-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that now the
son of the informant has died during the course of treatment. He
also submits that from perusal of the FIR, it is clear that the
main thrust of allegation is against one Sonu Manjhi. The
petitioner is only a member of mob. He further submits that
similarly situated other co-accused person has been granted
anticipatory bail by the learned coordinate bench of this court in
Cr. Misc. No. 90185 of 2025. The case of this petitioner stands
on better footing. He further submits that a statement has been
made in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
07.10.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the son of the informant has died
and it is case under Section 103.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
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of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-III, Siwan in connection
with Aasaon P.S. Case No. 116 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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