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Patna High Court

Munna SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                              2/3




          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
          Patna High Court CR. MISC. No.5201 of 2026(2) dt.13-02-2026
                                                      3/3




                    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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