Patna High Court
Rakesh Sahani @ Rakesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Rakesh Sahani, was arrested in connection with a POCSO case (Kanti PS Case No. 351 of 2018) and charged under IPC sections 341, 323, 354, 366A and 504/34. He sought bail, claiming a clean antecedent and that the FIR was fabricated. The victim’s statement recorded under Section 164 of the CrPC and Section 183 of the BNSS Act 2023 did not implicate him, and a co‑accused, Ganesh Sahani, had already been granted bail. The prosecution opposed bail. The Court, noting the petitioner’s clean record, the victim’s non‑mention, and the precedent of bail to the co‑accused, ordered his release on bail with a Rs.10,000 bond and three conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the POCSO and IPC statutes.
- Whether the victim’s statement, which does not name the petitioner, and the clean antecedent of the petitioner justify bail.
- Whether the grant of bail to a co‑accused (Ganesh Sahani) influences the bail decision for the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 323, 341, 354, 366A, 504/34
Subjects
- bail
- POCSO
- Indian Penal Code
- Criminal Procedure Code
- victim statement
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2344 of 2026
Arising Out of PS. Case No.-351 Year-2018 Thana- KANTI District- Muzaffarpur
======================================================
Rakesh Sahani @ Rakesh Sahni S/o Gulichan Sahni R/o Village- Kalbari
Fatehpur, PS- Kanti, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-01-2026 Heard Mr. Yugal Kishore, learned counsel for the
petitioner and Mr. Surendra Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
24.05.2025 in connection with POCSO G.R. No. 31/2023,
arising out of Kanti P.S. Case No. 351 of 2018, F.I.R. dated
18.06.2018, for the offences punishable under Sections 341,
323, 354, 366A, 504/34 of the Indian Penal Code.
3. According to prosecution case, on 16.06.2018 the
petitioner along with other accused persons came at the door of
the informant and started abusing and assaulting her. The
allegation against the petitioner is that he grounded the
informant and thereafter all the accused persons kidnapped the
minor daughter of the informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.2344 of 2026(3) dt.30-01-2026
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implicated in the present case. Learned counsel for the petitioner
further submits that the allegation as alleged in the FIR is false
and fabricated and the petitioner has not committed any offence
as alleged in the FIR. From a bare perusal of FIR, it appears that
all the accused are named in the FIR. The victim was recovered
and her statement was recorded u/s 164 of Cr.PC/Section 183 of
BNSS, 2023 in which she has not stated anything about the
petitioner and the similarly situated co-accused person, namely,
Ganesh Sahani, has been granted regular bail by this Court vide
order dated 03.11.2023 passed in Cr. Misc. No. 19691 of 2023
and the Police after investigation, submitted chargesheet against
the petitioner and the petitioner is in custody since 24.05.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner has clean antecedent, victim
in her statement recorded u/s 164 Cr.PC./Section 183 of BNSS,
2023 in which she has not stated anything about the petitioner
and the similarly situated co-accused person has been granted
bail by this Court, let the petitioner, above named, 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
Patna High Court CR. MISC. No.2344 of 2026(3) dt.30-01-2026
3/3
the learned Spl. Judge, POCSO, Court No. III, Muzaffarpur in
connection with POCSO G.R. No. 31/2023, arising out of Kanti
P.S. Case No. 351 of 2018, with the 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 her absence on two consecutive dates without sufficient
reason, his/her 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)
Ranjeet/-
U T
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