Patna High Court
Yogi SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(1)
- Criminal Procedure Code — s. 438(2)
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/-
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