Patna High Court
Pawan Sahni @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Petitioner Pawan Sahni was arrested on 1 November 2025 in connection with a case involving alleged assault and firing that resulted in the death of an informant's husband. The FIR initially charged him under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act, later adding Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution alleged that the petitioner, along with co‑accused Ram Janm Sahni, abused the informant and that Sahni fired indiscriminately, causing the death. The petitioner contended he had a clean antecedent, was merely present at the scene, and faced no specific allegation of firing, asserting false implication. The court, noting the absence of a direct charge of firing against the petitioner and his clean record, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was issued by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the Arms Act and BNS Act.
- Whether the petitioner can be considered falsely implicated given the lack of specific allegation of firing against him.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- false implication
- clean antecedent
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16798 of 2026
Arising Out of PS. Case No.-359 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Pawan Sahni @ Pawan Kumar S/o Kedar Sahani R/o Village- Bhagirathpur,
P.S- Kalyanpur, Dist- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Shubhesh Pandey, learned counsel for the
petitioner and Md. Aslam Ansari, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.11.2025 in connection with Kalyanpur P.S. Case No. 359 of
2025, F.I.R. dated 28.10.2025 for the offences punishable under
Sections 103(1) and 3(5) of the BNS, 2023 and Section 27 of
the Arms Act but later on Sections 25(1-b)a, 26 and 35 of the
Arms Act were also added.
3. According to prosecution case, this petitioner along
with other accused persons abused the informant and her
husband and co-accused, Ram Janm Sahni had fired
indiscriminately upon the husband of the informant resulting
into his death.
Patna High Court CR. MISC. No.16798 of 2026(2) dt.17-03-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Although petitioner is named in
the F.I.R but it appears from the F.I.R that the specific allegation
of assault and firing is attributed against the co-accused, namely,
Ram Janm Sahni. Petitioner is present at the place of occurrence
but there is no allegation of assault or firing against the
petitioner. He further submits that the police after investigation
submitted the charge sheet against the petitioner. The petitioner
is in custody since 01.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and there is no specific
allegation of firing against the petitioner rather the specific
allegation of firing is against the co-accused Ram Janm Sahni,
let the petitioner, above named, 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 Chief
Judicial Magistrate, Samastipur in connection with Kalyanpur
P.S. Case No. 359 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.16798 of 2026(2) dt.17-03-2026
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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