Patna High Court
Anil SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
Anil Sahani was arrested in connection with a case registered under Section 103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, alleging that he was part of a group that surrounded a deceased and that three persons shot the deceased. The petitioner claimed innocence, asserted a clean criminal record, and argued that the allegations against him were vague and omnibus. The State opposed bail, but the court considered the petitioner’s clean antecedent and lack of specific evidence linking him to the offence. The High Court allowed the application for regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with attendance and cooperation conditions. The order emphasized that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted to the petitioner charged under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner’s clean antecedent and lack of specific allegations justify bail.
- Whether the conditions imposed are sufficient to ensure the petitioner’s attendance and cooperation in the trial.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- clean antecedent
- regular bail
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37188 of 2026
Arising Out of PS. Case No.-588 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Anil Sahani Son of Late Madan Sahni Resident of Village- Chakki Suhagpur,
P.S.- Paru, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prasoon Kumar, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Paroo P.S. Case No. 588 of 2025 registered for the offence
under Section(s) 103(1)/3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 27 of the Arms Act.
3. As per the prosecution case, thirteen persons are
alleged to have surrounded the deceased after which Sadhu
Sahni, Raju Sahni, and Jamun Sahni are said to have shot at the
deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 15.11.2025 and has no criminal
antecedent. It is further submitted that there are no specific
Patna High Court CR. MISC. No.37188 of 2026(2) dt.30-06-2026
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allegations levelled against the petitioner rather; there is general
and omnibus allegations against him.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
clean antecedent and the materials available on record, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Paroo P.S. Case No.
588 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Paru @ Paroo Police
Station on the first and third Sunday of each
month. Any default in appearance at the
Police Station would result in cancellation of
bail bond of the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
Patna High Court CR. MISC. No.37188 of 2026(2) dt.30-06-2026
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that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
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.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
tusharika/-
U T
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