Patna High Court
Munna SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, given the petitioner’s clean antecedent and the completion of investigation, anticipatory bail should be granted subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Munna Sahani, sought anticipatory bail in connection with a FIR (Case No. 314 of 2021) that alleged his involvement in a murder and related offences under the IPC, Arms Act and Explosive Substances Act. The petitioner was not named in the FIR; his alleged involvement stemmed solely from a confessional statement of another accused, which the petitioner argued did not incriminate him. The State opposed the bail, contending that the allegations were serious. The court noted the petitioner’s clean antecedent, the lack of direct incriminating material against him, and that the investigation appeared complete. Accordingly, the court directed that the petitioner be released on anticipatory bail, subject to a bond of Rs.10,000 and two sureties, and to appear before the trial court within four weeks, invoking Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged in the FIR
- Whether the confessional statement of another accused suffices to implicate the petitioner
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Code of Criminal Procedure, 1973 — s. 482(2)
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 120(B), 147, 148, 149, 302, 307, 323, 324, 325, 341, 342
Subjects
- anticipatory bail
- clean antecedent
- confessional statement
- murder
- IPC
- Arms Act
- Explosive Substances Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5201 of 2026
Arising Out of PS. Case No.-314 Year-2021 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Munna Sahani, Son of Kawaldeo Sahani, Resident of Village – BadaBaisaha,
P.S. - Chakia, Dist. - East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused/petitioner is not named in the F.I.R. and
apprehended his arrest in connection with Muffasil P.S. Case No.
314 of 2021 registered for the offences punishable under Sections
147, 148, 149, 341, 323, 342, 324, 325, 307, 302 and 120 (B)
of the IPC and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act
as well as Sections 3/4 of the Explosive Substance Act.
3. The allegation against the petitioner is to commit
murder of nephew of the informant along with other co-accused
persons for previous enmity.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.5201 of 2026(2) dt.13-02-2026
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submitted that name of this petitioner transpired on the basis of
confessional statement of Genalal Sahani, in furtherance of which,
nothing incriminating appears so as to connect this petitioner with
present crime in question. It is submitted that even as per FIR,
specific allegation of firing is available against Baleshwar Sahani &
Anil Kushwaha, who caused death. It is submitted that almost on
all material aspects, investigation of this case appears concluded
and, therefore, no further custodial interrogation is required for
this petitioner. The petitioner claimed clean antecedent.
5. Learned APP appearing on behalf of the State
opposes the prayer for anticipatory bail.
6. In view of aforesaid facts and circumstances and by
taking note of the fact as name of this petitioner transpired on the
basis of confessional statement, where on all material aspects
investigation of this case appears completed, accordingly, the
petitioner above named, who is a man of clean antecedent, in the
event of his arrest or surrender before the learned Trial Court
within a period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, East Champaran,
Motihari/concerned Trial Court where the case is pending in
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connection with Muffasil P.S. Case No. 314 of 2021 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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