Patna High Court
Neeraj SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted anticipatory bail to the petitioner subject to conditions and the inherent powers of the Court under Section 482(2) of the CrPC.
Summary
The petitioner, Neeraj Sahani, was implicated in a FIR alleging offences under Sections 341, 323, 379, 384, 386, 411, 506 and 34 of the IPC, stemming from an alleged robbery and extortion incident on 5 January 2024. He contended that the case was false, arising from a monetary dispute with the informant over services rendered at his puncture shop, and asserted a clean antecedent. The State opposed his anticipatory bail application, arguing the seriousness of the offences. The High Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties, one of whom is the petitioner’s brother, and conditioned the bail on cooperation with the investigation under Section 482(2) of the CrPC. The order also empowered the trial court to cancel the bail if the petitioner fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner is likely to abscond or tamper with evidence.
- Whether the allegations constitute a false case arising from a private dispute.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 379, 384, 386, 411, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- false case
- extortion
- robbery
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42719 of 2026
Arising Out of PS. Case No.-26 Year-2024 Thana- TATARPUR District- Bhagalpur
======================================================
Neeraj Sahani S/O Late Sanjay Sahni R/O Vill- Bari Khanjarpur, PS- Barari,
Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Vivek, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 341, 323,
379, 384, 386, 411, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 05.01.2024 at 06:00 PM he was coming home by
his motorcycle, when petitioner and Ayush asked him to drop
them at Adampur, on refusal, they forcibly sat on his motorcycle
and brought him to a school and Niraj demanded Rs. 1 Lakh, on
objection, they snatched his mobile and motorcycle and
threatened keeping a blade on his neck and asked for his mobile
pin which was disclosed, thereafter they tried to send Rs.
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20,000/- to different accounts, but failed as his mobile battery
got discharged, thereafter they called Naved and gave him the
mobile for charging, but police came hance Niraj fled with his
motorcycle and Naved with mobile thereafter police brought
him and Ayush to the police station where Vishal was calling on
mobile of Niraj and Ayush, further police got the motorcycle
and mobile recovered and seized the same.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant on account of dispute relating to money. It is
submitted that petitioner has a puncture shop where informant
used to come for getting air filled in the tyre and for tyre
repairing, but then the due money was not paid, hence, the
petitioner asked for payment of the money when the instant
false case came to be instituted. It is also submitted that from
perusal of the allegation as alleged in the FIR, it would manifest
that informant discloses that the police brought the mobile and
the motorcycle to the police station, which amply demonstrates
that the accused persons had not fled with the mobile and the
motorcycle. It is further submitted that though it is alleged that
accused persons tried transferring money to three different
accounts, but then the account numbers have not been disclosed
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and it does not appear probable that the battery of the mobile
would have been discharged when efforts were made for
transferring the amount, it is thus submitted that the allegations
have been made only to give seriousness to the case. It is next
submitted that if privilege of anticipatory bail is granted, the
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Tatarpur P.S. Case No. 26 of 2024 subject to the conditions
as laid down under Section 482 (2) of BNSS.
7. One of the bailors of the petitioner shall be his
brother namely Mithilesh Kumar @ Mithlesh Kumar.
8. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
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learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
9. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
10. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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