Patna High Court
Fudo SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Fudo Sahani was arrested on 12 January 2026 in connection with a kidnapping case (PS Case No. 210 of 2025) alleged under Sections 137(2), 96 and 3(5) of the B.N.S. He contended that he was falsely implicated, not named in the FIR, and was only linked to the crime through a victim's statement recorded under Section 183 of the B.N.S.S. The State opposed his bail application. The court, after considering the petitioner's clean antecedent and the lack of direct evidence, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Sub‑Divisional Judicial Magistrate, Sahapur Patory, Samastipur.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the kidnapping allegations.
- Whether the evidence linking the petitioner to the offence is sufficient to justify continued custody.
- Whether the petitioner poses a risk of tampering with evidence or witnesses.
Legislation cited
Subjects
- bail
- kidnapping
- false implication
- Section 183
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16850 of 2026
Arising Out of PS. Case No.-210 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Fudo Sahani Son of Yadu Sahani Resident of village - Rahepur Tetarpur, Ward
No.- 2, Police Station - Mohiuddin Nagar, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anant Kumar Mishra, Advocate
For the Opposite Party/s : Mrs. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Anant Kumar Mishra, learned counsel for
the petitioner and Mrs. Madhuri Lata, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
12.01.2026, in connection with Mohiuddin Nagar P.S. Case No.
210 of 2025, F.I.R. dated 09.10.2025 registered for the offences
punishable under Sections 137(2), 96, 3(5) of the B.N.S.
3. Allegation against the petitioner is that he along
with other co-accused persons have kidnapped the daughter of
the informant.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.16850 of 2026(2) dt.17-03-2026
2/3
petitioner has not committed any offence as alleged in the F.I.R.
The petitioner is not named in the F.I.R. and the name of the
petitioner has been transpired during investigation on the basis
of statement of victim which was recorded under Section 183 of
the B.N.S.S. in which she has stated that the petitioner was
accompanied with co-accused person namely Rohit Kumar and
Rohit Kumar who happens to be the nephew of the petitioner
and apart from aforesaid the victim has not stated anything
about the sexual assault against the petitioner in his statement
recorded under Section 183 of the B.N.S.S. and petitioner has
been made accused merely on the ground that he is uncle of the
co-accused person Rohit Kumar. The petitioner is in custody
since 12.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Sub-Divisional Judicial Magistrate, Sahapur Patory,
Samastipur in connection with Mohiuddin Nagar P.S. Case No.
Patna High Court CR. MISC. No.16850 of 2026(2) dt.17-03-2026
3/3
210 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
Checking your session…