Created by Fuzzy Cloud

Patna High Court

Rakesh Sahani @ Rakesh Kumar SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                          3/3




                        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/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.