Patna High Court
Rajendra SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs.10,000 with two sureties each.
Summary
The petitioners, Rajendra Sahani and Nagina Sahani, were arrested in connection with a case (Pakridayal P.S. Case No. 311 of 2025) alleging involvement in a mob attack during which firearms were used, resulting in the death of Ajay Sahani. The prosecution alleged that several members of the Sahani family fired pistols and assaulted family members of the deceased. The petitioners contended that the FIR does not specifically charge them, that they are merely members of the mob, and pointed to the grant of bail to co‑accused Saraswati Kumari and Jiyalal Sahani in similar matters. They also highlighted that Rajendra has no prior criminal record and Nagina has only one minor antecedent, and that they have been in judicial custody since 28‑06‑2025. After hearing both sides, the Court found the circumstances warranted bail and ordered the petitioners to be released on a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether bail should be granted to the petitioners accused under multiple IPC sections and the Arms Act despite the seriousness of the alleged offences
- Whether the absence of specific allegations against the petitioners in the FIR and the grant of bail to co‑accused justify bail
- Whether the petitioners' criminal antecedents and period of custody affect the bail decision
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 103(1), 109, 115(2), 117(2), 118(1), 125(b), 126(2), 190, 191(2), 191(3), 329(3)
Subjects
- bail
- Indian Penal Code
- Arms Act
- criminal antecedent
- mob violence
- firearms
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4888 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
1. Rajendra Sahani Son of Udeshi Sahani R/o Village - Banarjhula
Bhagwanpur, P.S. - Pakaridayal, Dist. - East Champaran.
2. Nagina Sahani D/o Udeshi Sahani R/o Village - Banarjhula Bhagwanpur,
P.S. - Pakaridayal, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shamir Mehra, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Pakridayal P.S. Case No. 311 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 329(3),
126(2), 115(2), 118(1), 109, 103(1), 125(b) & 117(2) of the
B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
informant was constructing his house. Meanwhile, the
petitioners along with others being armed with weapon arrived
there. It is specifically alleged that Shivraj Sahani, Nawal
Sahani, Sikindra Sahani @ Sikki Sahani and Praveen Sahani
Patna High Court CR. MISC. No.4888 of 2026(2) dt.06-02-2026
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were armed with pistol. It is alleged that Shivraj Sahani, Nawal
Sahani, Sikindra Sahani, Praveen Sahani started firing due to
which Ajay Sahani received two gunshot injuries in his chest
due to which he died. Further allegation is that when family
members of Ajay Sahani came to rescue, then all the accused
persons assaulted them.
4. Learned counsel appearing on behalf of the
petitioners has submitted that from perusal of the FIR itself it is
clear that there is no allegation against these petitioners. They
are only member of the mob. It has further been submitted that
similarly situated co-accused Saraswati Kumari has been
granted bail by this Court vide Cr. Misc. No. 69834 of 2025 and
one Jiyalal Sahani has been granted bail by learned Co-ordinate
Bench vide Cr. Misc. No. 86243 of 2025. The case of these
petitioners stand on similar footing. Learned counsel for the
petitioners has lastly submitted that petitioner no.1, namely,
Rajendra Sahani is having no criminal antecedent whereas
petitioner no. 2, namely, Nagina Sahani is having criminal
antecedent of one case. Learned counsel has lastly submitted
that the petitioners are in judicial custody since 28.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each of them with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-VIII, Motihari,
East Champaran in connection with Pakridayal P.S. Case No.
311 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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