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Patna High Court

Sohan Sahani @ Sanal Kumar SahaniversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Sohan Sahani (also identified as Sonal Kumar Sahani), was implicated in a 2021 FIR alleging offences under Sections 399, 402, 414 of the IPC and Sections 25(1‑b)a, 26, 35 of the Arms Act, based on a co‑accused’s statement. He applied for anticipatory bail, claiming mistaken identity and noting that no incriminating article was recovered from his residence, though he has two prior criminal antecedents. The State opposed the bail, emphasizing the petitioner’s naming by an apprehended co‑accused and the lapse of over five years since the FIR. Justice Sourendra Pandey examined the facts and concluded that anticipatory bail could not be granted under the circumstances. The court rejected the anticipatory bail application but indicated that the petitioner could seek regular bail upon surrender without prejudice.

Issues considered

  • Whether anticipatory bail should be granted to an accused named by a co‑accused after a lapse of five years.
  • Whether the petitioner’s prior criminal antecedents and lack of material evidence from his house preclude anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail jurisprudence
  • Indian Penal Code
  • Arms Act
  • robbery
  • dacoity
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25587 of 2026
                      Arising Out of PS. Case No.-155 Year-2021 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Sohan Sahani @ Sonal Kumar Sahani S/o- Ganesh Sahani Resident of
                 Village- Ismailpur PS- Hajipur Sadar, Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Shekhar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   17-06-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Lalganj P.S. Case No. 155 of 2021 registered

                   for the offence under Sections 399, 402 and 414 of the Indian

                   Penal Code and under Sections 25(1-b)a, 26 and 35 of the Arms

                   Act.

                                3. As per the FIR, it is alleged that the police saw one

                   person coming on motor-cycle, who upon seeing the police tried

                   to flee away. However, he was apprehended and disclosed

                   himself as Raja Kumar and on search, police recovered a loaded

                   country made pistol alongwith a live cartridges. It is further

                   disclosed that he was going to give the pistol to one Shashikant

                   Rai to commit loot in the bank and thereafter, he had named the
Patna High Court CR. MISC. No.25587 of 2026(3) dt.17-06-2026
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          other accused persons including the petitioner to be in touch

          with the said Shashikant Rai, who had planned to commit the

          loot.

                       4. The learned counsel for the petitioner submits that

          the petitioner has falsely been implicated and it is only on the

          disclosure made by the apprehended accused that his name has

          surfaced. It is further submitted that the petitioner is known as

          Sohan Sahni and is a resident of village Ismailpur, while the FIR

          was lodged against the person, namely Sonal Kumar Sahni and

          his address was stated to be village Harauli. It has lastly been

          submitted that no incriminating article has been recovered from

          his house and it is merely on suspicion that the petitioner has

          been named as accused. It has lastly been submitted that the

          petitioner has two criminal antecedent.

                       5. The learned APP for the State has vehemently

          opposed the prayer for the bail and has stated that the petitioner

          has approached this Court after lapse of almost more than five

          years as the FIR was lodged in the year 2021. It has been

          submitted that the petitioner is named by an apprehended co-

          accused and therefore, the petitioner may not be granted liberty

          of anticipatory bail as the other two co-accused persons were

          granted regular bail by this Court, that too way-back in the year
             Patna High Court CR. MISC. No.25587 of 2026(3) dt.17-06-2026
                                                         3/3




                       2022.

                                     6. Considering the aforesaid facts and circumstances,

                       I am not inclined to grant the liberty of anticipatory bail to the

                       petitioner.

                                     7. Accordingly, the prayer for anticipatory bail is

                       rejected.

                                     8. However, it is made clear that if the petitioner

                       willingly surrenders and pray for regular bail, the same shall be

                       heard on its merits without being prejudiced by rejection of the

                       present bail application and if possible, the order shall be passed

                       on the same day.


                                                (Sourendra Pandey, J)

Tannu-

U        T


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