Patna High Court

Jai Kishun SahniversusThe State of Bihar

Decided: 19 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Jai Kishun Sahni, sought anticipatory bail in a criminal case (PS No. 143 of 1994) involving alleged offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The charge-sheet had been filed on 23 March 1995, and the petitioner approached the High Court for pre‑arrest bail after a delay of approximately thirty years. The petitioner offered no explanation for the extraordinary delay nor demonstrated any immediate apprehension of arrest. The court examined the statutory provisions governing anticipatory bail and emphasized the need for a prompt application to prevent abuse of the process. Considering the extensive lapse of time and the lack of justification, the court concluded that the petition did not merit relief. Consequently, the application for anticipatory bail was rejected, and the petition was dismissed.

Issues considered

Whether anticipatory bail can be granted when the application is filed after an inordinate delay of about thirty years.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 302, 34

Subjects

anticipatory bail
delay
criminal procedure
IPC
Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4133 of 2026
                    Arising Out of PS. Case No.-143 Year-1994 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Jai Kishun Sahni Son of Bathu Sahni R/o Village - Jan Mahmadpur, Ward no.
                 02, P.S. - Sarairanjan, Dist. - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kedar Jha, Advocate
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                   Heard learned counsel for the petitioner and the State.
                                2. Petitioner apprehends arrest in Ujiarpur P. S. Case
                   No. 143 of 1994 registered for the offences punishable under
                   Section 302/34 of the Indian Penal Code and Section 27 of the
                   Arms Act.
                                3. Petitioner is seeking pre-arrest bail in the case
                   registered in the year 1994 in which charge-sheet was submitted
                   on 23.03.1995. There is no explanation as to why petitioner
                   moved before this court after lapse of about 30 years and it
                   appears that petitioner has no apprehension of arrest.
                                4. Considering the huge delay of about 30 years,
                   prayer for anticipatory bail of the petitioner is refused.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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