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Patna High Court

Mahesh SahniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Mahesh Sahni, sought anticipatory bail after being implicated in a 2017 FIR alleging kidnapping of a minor girl, with charges under Sections 341, 342, 347 and 354 of the Indian Penal Code. He contended that the FIR was lodged after an inordinate delay, that he had no criminal antecedents, and that the prosecution case was doubtful. The State opposed the bail, emphasizing the specific accusation, the victim’s corroboration, and the petitioner’s subsequent absconding, which had stalled the trial for four years. The trial court had already dismissed anticipatory bail on 20‑10‑2022 and the High Court examined the gravity of the offences and the petitioner’s conduct. Considering the seriousness of the charges, the direct nature of the accusation, and the petitioner’s evasion of the process, the Court rejected the prayer for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the accusations under the IPC
  • Whether the delay in filing the FIR and the petitioner’s alleged absconding affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • Indian Penal Code
  • Section 341
  • Section 342
  • Section 347
  • Section 354
  • Section 366
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19953 of 2026
                    Arising Out of PS. Case No.-615 Year-2017 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Mahesh Sahni Son of Sri Bikau Sahni @ Bikash Sahni Resident of Srinagar
                 chowk P.S- Muffasil, Dist- Purnea

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    Kabutari Devi Wife of Sri Ratan Sahni Resident of Srinagar chowk P.S-
                 Muffasil, Dist- Purnea

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Amit Kumar Anand, Advocate
                 For the State           :        Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 341, 342,

                   347 and 354 of the Indian Penal Code.

                                3. The prosecution case, in brief, is that on 13.10.2017

                   at about 1:30 AM, when the minor daughter of informant had

                   gone to see Mela at Peer Asthan, this petitioner kidnapped her

                   by motorcycle and when the petitioner parked his motorcycle

                   near Bilriya chawk, she jumped from the motorcycle and went

                   to the house of one Subodh Rishi and in the next morning, she

                   came to her village and narrated the entire story. It is further
Patna High Court CR. MISC. No.19953 of 2026(2) dt.08-04-2026
                                            2/3




          alleged that thereafter, a Panchayati was also convened wherein,

          this petitioner confessed his guilt.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. The present F.I.R. has been lodged after

          inordinate delay of more than one month and there is no

          plausible explanation for the same which itself makes the entire

          prosecution case doubtful. In this case, after thorough

          investigation, the police submitted final form against this

          petitioner, however, differing with the same, the learned trial

          court took cognizance under Section 366 of the Indian Penal

          Code. Petitioner has got no criminal antecedents and there is

          absolutely no allegation of tampering with the evidence.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner and submitted that petitioner is named in the F.I.R.

          and there is specific accusation that this petitioner kidnapped the

          minor daughter of informant. In Paragraph No. 7 of the case

          diary, the victim has supported the prosecution case. It is further

          submitted that the present case is of the year 2017 and the

          prayer for grant of anticipatory bail to the petitioner has been

          dismissed by the learned trial court on 20.10.2022 itself and
             Patna High Court CR. MISC. No.19953 of 2026(2) dt.08-04-2026
                                                         3/3




                       since then, this petitioner is absconding due to which the trial of

                       the case has been hampered for four year.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation, gravity of offence

                       and conduct of the petitioner, the prayer for grant of anticipatory

                       bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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