Patna High Court
Rakesh Sahani @ Rakesh Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court grants anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Rakesh Sahani, sought anticipatory bail fearing arrest in a case (Madhuban PS Case No. 294 of 2024) involving alleged offences under sections 109, 352, 3(5) of the Bharatiya Nagrik Suraksha Sanhita and section 27 of the Arms Act. The prosecution alleged that on 14 July 2024 the petitioner’s co‑accused fired at an informant’s son, causing injury, but the FIR did not specifically name the petitioner as the shooter. The petitioner argued that he was falsely implicated, had no criminal antecedent, and was not mentioned in the informant’s statement, while the State opposed bail. The Court considered the nature of the allegations, the petitioner’s cooperation, and the statutory provisions, and ordered that if arrested within six weeks he be released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. 2023. The order effectively granted anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita in view of the alleged offences.
- Whether the allegations against the petitioner are sufficient to deny anticipatory bail.
- Whether the petitioner’s lack of criminal antecedent and willingness to cooperate warrant the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 3(5), 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nagrik Suraksha Sanhita
- Arms Act
- Section 482
- criminal procedure
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17435 of 2026
Arising Out of PS. Case No.-294 Year-2024 Thana- MADHUBAN District- East Champaran
======================================================
Rakesh Sahani @ Rakesh Kumar Sahni S/O Vishwanath Sahani Resident of
Village- Kansh Pakari, P.S- Madhuban, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Madhuban P.S. Case No. 294 of 2024, instituted under
Sections 109, 352, 3(5) of the B.N.S. and Section 27 of Arms
Act.
3. As per the prosecution case, on 14.07.2024 when
the informant and his son were busy in welcoming the Barat
coming in his Pattidar's house, one Rakesh Sahni called the
informant's son and went towards North side. Informant also
went there. When they reached near a Pulia, two persons,
namely, Raja Sahani and Hardeo Sahani came there and started
abusing the informant's son. It is alleged that co-accused Raja
Sahani fired on the son of informant due to which he sustained
Patna High Court CR. MISC. No.17435 of 2026(3) dt.07-05-2026
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gunshot injury on his stomach and fell down on the ground.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case on the basis of suspicion. For the same occurrence which
was taken place on 14.07.2024, another F.I.R. bearing
Madhuban P.S. Case No. 290 of 2024 dated 15.07.2024 was
lodged in which petitioner was not named as accused. It is
further submitted that this F.I.R. has been lodged after four days
of the occurrence levelling allegation that petitioner had taken
away the victim. There is no specific allegation of firing against
the petitioner. It is submitted that even the informant of this case
has not named the petitioner in his re-statement. Specific
allegation of firing is against co-accused Raja Sahani. Petitioner
has no criminal antecedent. Petitioner undertakes to co-operate
in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and nature of
allegation, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioner be released on
bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand)
Patna High Court CR. MISC. No.17435 of 2026(3) dt.07-05-2026
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with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1st Class, East Champaran in
connection with Madhuban P.S. Case No. 294 of 2024, subject
to the conditions laid down in Section 482 (2) of the Bharatiya
Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
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