Rakesh Sahani @ Rakesh Kumar SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37891 of 2026
                 Arising Out of PS. Case No.-290 Year-2024 Thana- MADHUBAN District- East Champaran
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                 Rakesh Sahani @ Rakesh Kumar Sahani S/o Vishwanath Sahani Resident of
                 Village - Kansh Pakri, P.S.- Madhuban, District - East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Karandeep Kumar, Advocate
                 For the Opposite Party/s :      Mr.Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   02-07-2026                  Heard Mr.Karandeep Kumar, learned counsel for the

                   petitioner and Mr.Jagdhar Prasad, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Madhuban P.S. Case No. 290 of 2024, F.I.R.

                   dated 15.07.2024 for the offences punishable under Sections

                   238 and 3(5) of the Bhartiya Nyaya Sanhita and Sections 25(9),

                   27 of Arms Act and after amalgamation Sections are also

                   converted under Sections 238,103,61 of BNS and Sections

                   25(1B)(a),26,27,25(9) of Arms Act.

                                3. According to prosecution case, all the accused

                   persons named in the FIR in a drunken state started firing in the

                   air in a marriage ceremony where one bullet got hit to Lucky

                   Kumar who sustained injury and during course of his treatment,
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          he died.

                       4. Learned counsel for the petitioner submits that the

          petitioner has falsely been implicated in the present case.

          Petitioner is not named in the FIR. The name of the petitioner

          has been transpired during investigation. Further submits that

          for the same set of allegation another FIR i.e. Madhuban

          P.S.Case No. 294 of 2024 was instituted in which the petitioner

          is named in the FIR and he has been granted privilege of

          anticipatory bail by a Coordinate Bench of this Hon’ble Court

          vide order dated 07.05.2026 passed in Cr. Misc. No.17435 of

          2026. Learned counsel for the petitioner submits that for the

          same set of allegation, the present FIR has been instituted in

          which the petitioner is seeking anticipatory bail.

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

          opposed the prayer for bail of the petitioner and the petitioner

          carries one more case other than the present one but fairly

          submits that the petitioner is on bail in the said case, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts, for the same set of

          allegation, two FIRs have been instituted, in another FIR, the

          petitioner has been granted privilege of anticipatory bail by a

          Coordinate Bench of this Hon’ble Court as mentioned in the
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          aforesaid, let the petitioner, above named, in the event of his

          arrest or surrender before the court below within a period of

          thirty days from the date of receipt of the order, 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, First Class, East Champaran in

          connection with Madhuban P.S. Case No. 290 of 2024, subject

          to the conditions as laid down under Section 438(2) of the Code

          of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with

          other 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 case at

          any stage, it is found that the petitioner has concealed his/her

          criminal antecedent, the court below shall take step for
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                         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