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Patna High Court

Yogi SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is warranted and granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Yogi Sahani, a 78‑year‑old resident of East Champaran, sought anticipatory bail fearing arrest in a case registered under Sections 137(2) and 140(1) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the informant’s son was kidnapped and later found dead, with the confession of co‑accused Sajan Kumar implicating the petitioner. The petitioner contended that he had no connection with the crime, that the allegation arose from village politics, and that he possessed a clean antecedent. The State opposed the bail on the ground of the serious nature of the offences. The Court, after considering the facts and the petitioner’s age and background, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also stipulated surety requirements and compliance conditions, and clarified that its observations would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under Sections 137(2) and 140(1) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s alleged involvement, as derived from the co‑accused’s confession, is sufficient to deny bail.
  • Whether factors such as the petitioner’s advanced age, clean antecedent, and claim of political victimisation warrant the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • murder
  • political victimisation
  • Criminal Procedure Code
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 137
  • Section 140
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27474 of 2026
                 Arising Out of PS. Case No.-279 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Yogi Sahani, S/o Pachu Sahani, Resident of Village- Dhobauliya, P.S.-
                 Madhuban, District- East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhandev Kumar, Advocate
                                                 Mr. Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :      Mr. Chandra Sen Prasad Singh, 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 Madhuban P.S. Case No. 279 of 2025,

                   registered for the offence(s) under Section(s) 137(2) and 140(1)

                   of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).

                                 3. As per the prosecution case, the informant has

                   alleged that one Sajan Kumar had taken away her son who did

                   not return home and became traceless.

                                 4. The learned counsel for the petitioner submits that

                   initially, the case was lodged only for kidnapping of the son of

                   informant by one Sajan Kumar however, subsequently, the said

                   Sajan Kumar was apprehended and in his confessional
Patna High Court CR. MISC. No.27474 of 2026(3) dt.17-06-2026
                                            2/3




          statement, the name of petitioner has surfaced. It has further

          been submitted that dead-body of informant’s son was recovered

          on the basis of confessional statement of co-accused Sajan

          Kumar with whom the petitioner has no concern whatsoever. It

          has next been submitted that the petitioner is a 78 years old

          person and only out of village politics, he has falsely been

          implicated in the present case. It has lastly been submitted that

          the petitioner has clean antecedent.

                        5. The learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case and the submissions advanced on behalf of the

          parties, let the petitioner, above-named, be released on

          anticipatory bail, in the event of his/her arrest or surrender

          before the concerned Court/successor Court within a period of

          four weeks from today, on his/her furnishing bail bonds in the

          sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the concerned

          Court/successor Court where the case is pending in connection

          with Madhuban P.S. Case No. 279 of 2025, subject to the

          conditions as laid down under Section 438(2) of the Code of
           Patna High Court CR. MISC. No.27474 of 2026(3) dt.17-06-2026
                                                       3/3




                     Criminal Procedure, 1973 read with corresponding Section

                     482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023

                     (B.N.S.S.) as well as subject to the following conditions :

                                            (i)    One of the bailors of the petitioner shall be
                                       his/her close relative and the other shall be a local
                                       resident.
                                            (ii) The petitioner shall remain physically present
                                       before the concerned Court on each and every date of the
                                       trial and shall cooperate in the investigation.
                                            (iii) In case of absence for two consecutive occasions
                                       or in violation of the terms of the bail, the bail bonds of
                                       the petitioner will be liable to be cancelled by the
                                       concerned Court.


                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                                         (Sourendra Pandey, J)
deepak/-

U      T


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