Patna High Court
Binay Kumar @ Vinay Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied bail to the petitioner.
Summary
The petitioner, Binay Kumar Sahni, was arrested in connection with a case involving alleged firing of a pistol that caused injuries, charged under several sections of the B.N.S. and Section 27 of the Arms Act. The petitioner claimed he was falsely implicated, asserting that he did not fire the weapon and that the informant's allegation was unreliable. He also highlighted his custody since September 2025 and his two prior criminal cases. The State opposed bail, emphasizing the informant's direct accusation, the seriousness of the offences, and the risk of the petitioner absconding given his antecedents. After considering the submissions, the court declined to grant bail, rejecting the petitioner's application.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal record
- Whether the informant's allegation that the petitioner fired the pistol is credible enough to deny bail
- Whether there is a risk of the petitioner absconding if released on bail
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- prior criminal record
- false implication
- risk of absconding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4061 of 2026
Arising Out of PS. Case No.-154 Year-2024 Thana- NAYAGAON District- Saran
======================================================
Binay Kumar @ Vinay Kumar Sahni Son of Dinesh Sahni Resident of
Village- Baherwagachhi, P.S.- Nayagaon, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Nyagaon P.S. Case No.154 of 2024 registered for the offences
punishable under Sections 126(2), 115(2), 118(2), 109 and 3(5)
of the B.N.S. as well as under Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases and the informant alleges
that Golu handed over a pistol to petitioner who fired causing
firearm injuries on hand and waist.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the instant case by the
informant. It is next submitted that it does not appear probable
that petitioner after taking pistol from Golu would have fired. It
Patna High Court CR. MISC. No.4061 of 2026(2) dt.10-04-2026
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is also submitted that petitioner is in custody since 13-9-2025.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner and submits that the
informant specifically alleges that it was this petitioner who
fired causing firearm injury to him. It is next submitted that it
does not appear probable that the informant would implicate an
innocent person who had not committed the occurrence. It is
also submitted that petitioner has antecedent of two criminal
cases and if privilege of regular bail is granted to the petitioner,
the petitioner may abscond.
6. Considering the submission made by learned APP,
the Court is not inclined to release the petitioner on bail.
7. Accordingly, the prayer for bail of the petitioner is
rejected.
(Satyavrat Verma, J)
Sumit/-
U T
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