Patna High Court
Ramlal SahniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the petitioner's bail application.
Summary
Ramlal Sahni petitioned for bail in a case registered under Section 309(6) of the Bihar Narcotic Substances Act and Sections 25(1‑B)A, 26 and 35 of the Arms Act, alleging that he was falsely implicated. The prosecution alleged that two unknown persons looted Rs 10,000 from an informant and fired weapons before fleeing. The petitioner, who has five prior criminal convictions and has been in custody since 15‑05‑2025, pledged to cooperate with the trial. The State opposed bail, stating that the petitioner’s name emerged during the investigation. The High Court, after considering the facts and the petitioner’s antecedents, declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to the petitioner under the charges of Section 309(6) B.N.S. and Sections 25(1‑B)A, 26, 35 of the Arms Act
- Whether the petitioner’s claim of false implication warrants bail despite prior criminal antecedents
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 35
- Bihar Narcotic Substances Act — s. 309(6)
Subjects
- bail
- criminal procedure
- Arms Act
- false implication
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22096 of 2026
Arising Out of PS. Case No.-205 Year-2024 Thana- ROSERA District- Samastipur
======================================================
Ramlal Sahni Son of Makhan Sahani Resident of Village- Haripur Ghat,
Bishanpur Abhi, P.S.- Khanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Bhushan Prasad, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Rosera
P.S. Case No. 205/2024 registered for the offences punishable
under Section 309(6) of B.N.S. and Sections 25(1-B)A, 26 and
35 of Arms Act.
3. As per the prosecution case, two unknown
criminals looted Rs. 10,000/- from the informant and after firing
fled away.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has five criminal antecedents
and he is in custody since 15.05.2025. The petitioner undertakes
to co-operate in the case/ trial.
Patna High Court CR. MISC. No.22096 of 2026(2) dt.08-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that the name of
the petitioner has come during investigation.
6. Considering the aforesaid facts, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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