Patna High Court
Rajesh Sahni @ Rajesh SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30, 34, 37, 41
- Indian Penal Code — s. 201, 272, 273, 304, 308, 328, 34
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.