Patna High Court
Shioraj SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
Anticipatory bail was denied to the accused where direct allegations exist, but granted to a petitioner with no specific allegation against her.
Summary
The petitioners Shioraj Sahani and Praveen Sahani filed anticipatory bail applications in connection with Police Station Pakridayal Case No. 311 of 2025, which alleged that they, along with others, fired upon Ajay Sahani resulting in his death. The prosecution alleged direct involvement of the two petitioners in the firing, while Rajpati Devi, the third petitioner, claimed no specific allegation against her. The court examined the FIR, post‑mortem report and the charges under various sections of the Bihar Non‑Compulsory Statutes and the Arms Act. It rejected the bail applications of Shioraj and Praveen, directing them to surrender before the trial court, but allowed anticipatory bail to Rajpati Devi subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) of the BNSS. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether anticipatory bail should be granted to the accused persons Shioraj Sahani and Praveen Sahani in view of the direct allegations against them.
- Whether anticipatory bail should be granted to Rajpati Devi where no specific allegation is made against her.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 Cr.P.C.
- Arms Act
- Bihar Non‑Compulsory Statutes
- murder
- firing
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4082 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
1. Shioraj Sahani S/O Fuldev Sanani Resident of village- Banaijhula,
Bhagwanpur, P.S.- Piprakothi, District- East Champaran, Motihari
2. Praveen Sahani S/O Fulgen Sahani Resident of village- Banaijhula,
Bhagwanpur, P.S.- Piprakothi, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 4463 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Rajpati Devi W/O Fuldev Sahani Resident of village- Banarjhula,
Bhagwanpur, PS - Piprakothi, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 4082 of 2026)
For the Petitioner/s : Ms. Sharda Nand Mishra, Advocate
Ms. Isha Mishra, Advocate
Mr. Sumit Kumar Gupta, Advocate
For the Opposite Party/s : Mr.Binod Kumar, App
(In CRIMINAL MISCELLANEOUS No. 4463 of 2026)
For the Petitioner/s : Ms. Sharda Nand Mishra, Advocate
Ms. Isha Mishra, Advocate
Mr. Sumit Kumar Gupta, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. Since both the bail applications arise out of the
same police station case, this court has passed common order.
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3. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Pakridayal P.S. Case no. 311 of 2025 instituted
for the offence under Sections 191 (2), 191 (3), 190, 329 93),
126 (2), 115 (2), 118 (1), 109, 103 (1), 125 (b) and 117 (2) of the
BNS and Section 27 of the Arms Act.
4. The case of the prosecution is that the accused
persons namely, Shivraj Sahni, Nawal Sahani, Sikandar Sahni
and Parveen Sahni made firing upon the son of the informant,
namely, Ajay Sahni due to which he sustained injuries in his
chest and when Nidhi Sahni, Davanti Sahni and Bindeshwari
Sahani came to rescue, accused persons assaulted them.
Thereafter, Informant took Ajay Sahani to Sub- Divisional
Hospital, Pakridayal where doctor referred him to Motihari but
on the way, the injured Ajay Sahani died.
5. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
from perusal of the FIR, it is clear that there is general and
omnibus allegation against all the four accused persons whereas
from a perusal of the post-mortem report, it would transpire that
the doctor conducting the autopsy has found only one injury i.e.
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one entry and one exit. So far as petitioner, namely, Rajpati Devi
is concerned, there is no allegation against her.
6. Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioners and has
submitted that there is direct allegation against Shivraj Sahni,
Nawal Sahani, Sikandar Sahni and Parveen Sahni of firing and
due to their firing, Ajay Sahani died.
7. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is not inclined to enlarge the petitioners, namely, Shioraj
Sahani and Praveen Sahani of Cr. Misc. No. 4082 of 2026.
Accordingly the bail application of the said petitioners stands
rejected.
8. Accordingly, the petitioners, namely, Shioraj Sahani
and Praveen Sahani are directed to surrender before the learned
trial Court and the learned trial Court shall dispose of the bail
petitions on merits without being prejudiced by the present
order.
9. However, as there is no specific allegation against
petitioner, namely, Rajpati Devi of Cr. Misc. No. 4463 of 2026,
her application for anticipatory bail stands allowed. The
petitioner is directed to surrender in the Court below within a
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period of four weeks from today and in the event of her arrest or
surrender in connection with Pakridayal P.S. Case no. 311 of
2025, she will be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned ACJM-VIIIth, East
Champaran, Motihari, subject to the conditions as laid down
under section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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