Patna High Court

Shambhu Sahani @ Shambhu Nath SahaniversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner.

Summary

Shambhu Sahani was arrested in connection with a case alleging loot and assault, charged under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused attempted to loot the informant's house and assaulted the informant's son, causing injuries. The petitioner claimed innocence, stating no incriminating material was found on him, that the allegations against him were vague, and that he had no prior criminal record. An earlier application for anticipatory bail had been rejected, but co‑accused persons had been granted regular bail. Considering the lack of specific evidence against the petitioner, his clean antecedent, and the period of custody already served, the court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite serious charges under the Bharatiya Nyaya Sanhita, 2023.
Whether the prosecution's allegations against the petitioner are sufficiently specific to deny bail.
Whether the petitioner’s lack of criminal antecedent and period of custody justify bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352

Subjects

bail
anticipatory bail
criminal procedure
Bharatiya Nyaya Sanhita
loot
assault
serious offences
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5620 of 2026
                  Arising Out of PS. Case No.-190 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Shambhu Sahani @ Shambhu Nath Sahani Son of Babulal Sahani Resident of
                 Village- Bankajuwa, Mahmada Purab tola, Ps- Bhagwanpur Hat, Dist- Siwan
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Chandra, Advocate
                 For the Opposite Party/s :      Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Bhagwanpur Hat P.S. Case No. 190 of 2025, instituted for the

                   offences punishable under Sections 126(2), 115(2), 118(1), 109,

                   352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. Earlier, anticipatory bail of the petitioner has been

                   rejected by a co-ordinate Bench of this Court vide order dated

                   03.09.2025 passed in Cr. Misc. No. 54773 of 2025.

                                4. The prosecution case, in short, is that all the

                   accused persons including the petitioner came at the door of the

                   informant and tried to commit loot. It is further alleged that

                   when the informant objected, the accused persons assaulted the

                   informant’s son, due to which he sustained injuries.
Patna High Court CR. MISC. No.5620 of 2026(2) dt.29-01-2026
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                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. Learned counsel for

          the petitioner also submitted that no specific allegation has been

          attributed against the petitioner rather the same is general and

          omnibus in nature. It is next submitted that specific allegation of

          giving knife blow is against co-accused Dhanoj Sahani. The

          petitioner is in custody since 27.11.2025 and has got no criminal

          antecedent. Learned counsel for the petitioner further submits

          that other co-accused have been granted regular bail by this

          Court vide order dated 18.08.2025 passed in Cr. Misc. No.

          54423 of 2025.

                       6. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       7. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       8. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
             Patna High Court CR. MISC. No.5620 of 2026(2) dt.29-01-2026
                                                         3/3




                       below/concerned Court in connection with Bhagwanpur Hat

                       P.S. Case No. 190 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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