Patna High Court
Manjay SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted regular bail to the petitioner subject to a bond and conditions under the BNSS, 2023.
Summary
Manjay Sahni was charged under IPC sections 395, 412 and 120(B) in Sessions Trial No. 156 of 2024. He had earlier applied for regular bail twice, both of which were rejected, but the court allowed him to renew the application after the charge was framed. In the present application, the petitioner demonstrated that he was not absconding by submitting orders showing his continuous appearance in pending cases. The State opposed the bail, but the court, considering the submissions and the stage of the trial, granted bail on a bond of Rs.30,000 under Section 2(1)(d) of the BNSS, 2023, subject to conditions prescribed in Section 480(3) of the BNSS. The bail order required a family member to act as bailor and mandated the petitioner’s appearance before the trial court on every date.
Issues considered
- Whether the petitioner is absconding from any of the pending cases.
- Whether bail can be granted after the charge has been framed and the trial is at the evidence stage.
- Whether the conditions under the BNSS, 2023 are applicable for granting regular bail.
Legislation cited
- Bail (Amendment) Act, 2023 — s. 2(1)(d), 480(3)
- Indian Penal Code — s. 120(B), 395, 412
Subjects
- regular bail
- IPC sections 395, 412, 120(B)
- absconding
- charge framed
- BNSS 2023
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18516 of 2026
Arising Out of PS. Case No.-142 Year-2021 Thana- BALIGAON District- Vaishali
======================================================
Manjay Sahni Son of Vijay Sahni R/o Village - Pindauta Buzurg, P.S.-
Tisiaouta, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 156 of 2024, arising out of Baligaon P.S.
Case No. 142 of 2021, lodged on 16.12.2021 under Sections
395, 412 & 120(B) of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the
bail application of the petitioner has earlier been rejected twice
vide order dated 04.12.2024 passed in Cr. Misc. No. 72446 of
2024 with a liberty to renew his prayer for bail one year after
framing of charge and vide order dated 19.12.2025 passed in Cr.
Misc. No. 60792 of 2024 with liberty granted to the petitioner to
renew his prayer for bail as and when he is in a position to
apprise this Court about the status of the pending cases against
Patna High Court CR. MISC. No.18516 of 2026(3) dt.24-04-2026
2/3
him.
4. Counsel further submits that the charge has been
framed in this case, and when the second bail application was
filed, he was not in a position to satisfy the Court as to whether
the petitioner was absconding or not in the cases pending
against him. Counsel submits that this time the petitioner is in a
position to show that he is not absconding in any of the cases,
and has annexed orders of those cases to demonstrate that he is
continuously appearing therein. Counsel further submits that, on
the previous occasion, the present stage of the trial was called
for, and from the progress report it transpires that charge has
already been framed in this case and the matter is fixed for
evidence, and NBW has been issued against witnesses.
5. Learned APP for the State opposes the prayer for
bail.
6. In the present facts and circumstances of this case
and the submissions made above, let the petitioner above
named, be granted bail, on furnishing bail bonds of Rs.30,000/-
(Rupees Thirty thousand) as mentioned in Section 2(1) (d) of
the BNSS, 2023 to the satisfaction of A.D.J. XV, Vaishali at
Hajipur in connection with Sessions Trial No. 156 of 2024,
arising out of Baligaon P.S. Case No. 142 of 2021, subject to the
Patna High Court CR. MISC. No.18516 of 2026(3) dt.24-04-2026
3/3
following conditions as laid down under Section 480(3) of the
BNSS with other following conditions:-
(i) one of the bailor should be the
family member of the petitioner who shall
provide official document to show his bona
fide;
(ii) the petitioner shall appear on
each and every date before the Trial Court
and failure to do so for two consecutive dates
without plausible reason will entail
cancellation of his bail bonds by the Trial
Court itself.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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