Patna High Court
Jairam Sahani @ Jayram SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner under Section 438(2) of the Code of Criminal Procedure, subject to specified conditions.
Summary
The petitioner, Jairam Sahani, sought bail in connection with a FIR alleging assault on an informant under multiple sections of the Bihar Narcotic Substances Act, 2023. The prosecution opposed bail, citing two prior criminal antecedents and alleging the petitioner’s active participation in the crime. The petitioner argued that the FIR contains a specific allegation only against co‑accused and that a similarly situated co‑accused had already been granted anticipatory bail. The court examined whether the general allegation in the FIR and the petitioner’s criminal record justified denial of bail under Section 438(2) of the CrPC. Considering the circumstances, the court granted bail on the condition of a Rs.10,000 bond with two sureties and imposed strict compliance conditions, including cooperation with the trial and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedents but prohibited delay in accepting the bail bond.
Issues considered
- The applicability of Section 438(2) CrPC to grant bail despite the petitioner’s prior criminal antecedents.
- Whether the general allegation in the FIR against all accused precludes bail.
- Whether the grant of anticipatory bail to a co‑accused influences the petitioner’s bail application.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- criminal antecedent
- Bihar Narcotic Substances Act
- FIR
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21269 of 2026
Arising Out of PS. Case No.-489 Year-2024 Thana- MADHUBAN District- East Champaran
======================================================
Jairam Sahani @ Jayram Sahani Son of Saryug Sahani Resident of Village -
Manpurwa, P.S. - Madhuban, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr. Madhurendra Kumar, learned counsel for
the petitioner and Mr. Parmanand Kumar, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Madhuban P.S. Case No. 489 of 2024, F.I.R.
dated 16.11.2024 for the offences punishable under Sections
191(2), 191(3), 190, 126(2), 115(2), 118(1), 109 and 76 of the
BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner have brutally assaulted the
informant due to which she received severe injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the FIR
Patna High Court CR. MISC. No.21269 of 2026(2) dt.17-04-2026
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that the FIR is in two parts. According to part one, there is
specific allegation against the co-accused persons Chhotu
Sahani and Dharamjeet Sahani that they have assaulted to the
informant and according to second part, there is general and
omnibus allegation against all the accused persons including this
petitioner. He further submits that the similarly situated co-
accused, namely, Nawal Sahani @ Nawaljeet Sahani has been
granted anticipatory bail by this Court vide order dated
08.01.2026 passed in Cr. Misc. No. 86750 of 2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries two criminal antecedents other
than the present one but fairly submits that he is on bail in both
the pending matters. Apart from that the petitioner has actively
participated in the present crime in question.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M, East Champaran at Motihari in connection with
Patna High Court CR. MISC. No.21269 of 2026(2) dt.17-04-2026
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Madhuban P.S. Case No. 489 of 2024, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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