Created by Fuzzy Cloud

Patna High Court

Rajesh Sahni @ Rajesh SahaniversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that there is no ground to review its earlier order and therefore rejected the bail application.

Summary

Petitioner Rajesh Sahni applied for regular bail in a case involving serious offences under Sections 304, 308, 328, 201, 34, 272 and 273 of the Indian Penal Code and Sections 30(a), 34, 37 and 41 of the Bihar Prohibition and Excise Act. His earlier bail application had been rejected by the Patna High Court and subsequently by the Supreme Court. The court examined the report of the Additional Director General of Police, which indicated that 37 of 52 witnesses had already been examined. Considering the gravity of the charges and the progress of the investigation, the court found no ground to revisit its earlier decision. Consequently, the application for regular bail was rejected.

Issues considered

  • Whether the petitioner is entitled to regular bail in view of the serious nature of the offences and the stage of investigation.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • murder
  • attempt to murder
  • common intention
  • evidence tampering
  • Bihar Prohibition and Excise Act
  • high court
  • review of order
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23605 of 2025
                  Arising Out of PS. Case No.-249 Year-2023 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Rajesh Sahni @ Rajesh Sahani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   18-03-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Harsidhi P.S. Case No. 249 of 2023

                   registered for the offence under Sections 304, 308, 328, 201 and

                   34 of the Indian Penal Code and subsequently Sections 272 and

                   273 of the IPC and Sections 30(a), 34, 37, and 41 of the Bihar

                   Prohibition and Excise Act was added.

                                3. Earlier, the bail application of the petitioner was

                   rejected by this Court on 27.02.2025 in Cr. Misc. No. 74856 of

                   2023. Subsequently, the petitioner approached the Hon’ble

                   Supreme Court, which also dismissed the regular bail

                   application of the petitioner in SLP (Crl.) No. 4831 of 2024 by

                   order dated 24.07.2024.
            Patna High Court CR. MISC. No.23605 of 2025(8) dt.18-03-2026
                                                        2/2




                                   4. The report of the ADG, P & SNCB, Bihar, Patna

                      has been received. From the perusal of the report, it appears that

                      out of 52 witnesses, 37 witnesses have already been examined.

                                   5. In view of the above, this Court finds no ground to

                      review its earlier order. Accordingly, this application for regular

                      bail stands rejected.

                                   6. The report produced by the learned APP appearing

                      for the State is kept on record.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.