Jai Kishun Sahani @ Jay Kishun SahniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36115 of 2026
                       Arising Out of PS. Case No.-188 Year-2025 Thana- HALAI District- Samastipur
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                 Jai Kishun Sahani @ Jay Kishun Sahni S/o Late Sahdev Sahani @ Nuja Sahni
                 R/o Village - Darba, Ward No. 11, P.S - Halai, District - Samastipur

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Lakshmindra Kumar Yadav, Advocate
                 For the Opposite Party/s :        Mr.Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   18-06-2026                  Heard Mr.Lakshmindra Kumar Yadav, learned

                   counsel for the petitioner and Mr.Dr. Kumar Uday Pratap,

                   learned APP for the State.

                                2. The petitioner seeks bail, who is in custody since

                   05.03.2026 in connection with Halai P.S. Case No. 188 of

                   2025, F.I.R. dated 29.10.2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 117(2), 109(11),

                   132, 253, 304(2), 352 and 3(5) of the BNS, 2023.

                                3. According to prosecution case, the petitioner

                   along with other accused persons have attacked on the police

                   personnel who have come to arrest the co-accused Kanhaiya

                   Sahani in another case.

                                4. Learned counsel for the petitioner submits that
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          the petitioner has clean antecedent. The allegation as alleged

          in the FIR is false and fabricated and the petitioner has not

          committed any offence as alleged in the FIR. It appears from

          the FIR that the police personnel have come to the house of

          the petitioner to arrest his son in connection with Halai

          P.S.Case No.57 of 2025 but the petitioner and his family

          members have attacked on the police personnel and some

          police personnel have received the injury. Learned counsel for

          the petitioner submits that although the petitioner is named in

          the FIR but there is no specific allegation of any assault or

          overt-act attributed against the petitioner rather there is

          general and omnibus allegation against all the accused

          persons including the petitioner. Further submits that the

          similarly situated, co-accused, namely, Kanhaiya Sahani @

          Kanhaiya Kumar Sahani has been granted bail by this Court

          vide order dated 31.03.2026 passed in Cr. Misc. No. 20166 of

          2026.6 and co-accused persons, namely, Tuntun Sahani &

          Anr. have also been granted bail by this Court vide order

          dated 03.04.2026 passed in Cr. Misc. No. 13469 of 2026 and

          the police, after investigation, submitted the chargesheet

          against the petitioner and the petitioner is in custody since

          05.03.2026.
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                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has

          clean antecedent and similarly situated co-accused persons,

          have been granted bail by this Court, let the petitioner, above

          named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Judicial Magistrate

          1st Class, Shahpur, Patori, Samastipur or Successor Court in

          connection with Halai P.S. Case No. 188 of 2025, with the

          following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be cancelled

          by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       (III) And, further condition that the court below

          shall verify the criminal antecedent of the petitioner and in
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                         case at any stage, it is found that the petitioner has concealed

                         his criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned

                         order shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T