Patna High Court
Ramashray SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to bail bond and surety conditions under Section 482(2) of the BNSS.
Summary
Ramashray Sahni applied for anticipatory bail after being implicated in a case under Sections 318(4) and 316(2) of the Bihar Narcotic/Criminal Statutes, 2023, alleging that the informant’s complaint actually pertained to a third party, Vikash, who allegedly cheated the informant in a sand and Gitti transaction. The petitioner asserted his clean antecedents and explained that he had only ordered sand, paying Rs. 41,300 to a staff member of Vikash, while the informant claimed the money was transferred to Vikash via PhonePe and not paid to him. The State opposed the bail, but the court considered the petitioner's arguments and the lack of direct evidence against him. The court ordered that, if arrested within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. Consequently, the anticipatory bail application was allowed.
Issues considered
- What is the appropriate exercise of discretion by the court in granting anticipatory bail to a petitioner falsely implicated in a criminal case under Sections 318(4) and 316(2) of the BNS, 2023?
Subjects
- anticipatory bail
- false implication
- cheating
- Section 318
- Section 316
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1792 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
Ramashray Sahni S/o Dinesh Sahni R/o Village - Maladih, Ward no. 6, P.S -
Birpur, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Randhir Kumar No 1, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 318(4) and
316(2) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he is proprietor of Maa Urmila Traders and sells
sand and Gitti, further on 27.06.2025 Vikash called the
informant on his mobile from his Mobile No. 9570755713 and
said that he intends to purchase sand and Gitti and the
consideration fixed was Rs. 1,22,300/- and the sand and Gitti
was to be delivered at Mausami enterprises, accordingly the
articles were delivered by truck to Ramashray and Vikash got
Patna High Court CR. MISC. No.1792 of 2026(2) dt.27-04-2026
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the money from customer on PhonePe, but did not pay the
informant, thus, alleges that Vikash cheated.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that thrust of
the allegation is against Vikash. It is also submitted that even
informant alleges that Ramashray, after accepting the sand and
Gitti, had paid the amount to Vikash on PhonePe, but then
Vikash did not pay the informant, as such, he misappropriated
the amount. The learned counsel for the petitioner further
submits that from perusal of Annexure-2 to the anticipatory bail
application, it would manifest that an amount of Rs. 41,300/-
was paid in account of Gaurav Kumar, a staff of Vikash, by the
petitioner. It is further submitted that petitioner only had ordered
for sand and the amount was accordingly paid.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.1792 of 2026(2) dt.27-04-2026
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bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Lohiyanagar P.S. Case No. 72 of 2025 subject to the
conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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