Patna High Court
Rajpati DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court denied anticipatory bail to Shioraj Sahani and Praveen Sahani but granted anticipatory bail to Rajpati Devi.
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 offences under several sections of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The prosecution alleged that the accused fired on the informant's son, Ajay Sahni, causing injuries that led to his death, and also assaulted family members who came to his aid. The petitioners contended that they were falsely implicated and that the FIR contained only a generic allegation, with the post‑mortem report showing a single entry‑exit wound. The court found sufficient material linking Shioraj and Praveen to the alleged firing and therefore rejected their anticipatory bail, directing them to surrender to the trial court. Conversely, the court observed that no specific allegation was made against Rajpati Devi and consequently allowed her anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) of the Bihar Negotiable Instruments Act.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations under the Bihar Negotiable Instruments Act and the Arms Act.
- Whether the material on record is sufficient to justify denial of anticipatory bail to Shioraj Sahani and Praveen Sahani.
- Whether a specific allegation exists against Rajpati Devi that would preclude the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103(1), 109, 115(2), 117(2), 118(1), 125(b), 126(2), 190, 191(2), 191(3), 329(93), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- bail
- Criminal Procedure Code
- Arms Act
- Bihar Negotiable Instruments Act
- high court
- murder
- firearms
- East Champaran
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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