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Patna High Court

Sharvan Sahni @ Shravan SahniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant regular bail to the petitioner.

Summary

Sharvan Sahni, accused under IPC sections 395, 412 and 120B, applied for regular bail under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023. An earlier bail application had been rejected. The petitioner submitted an affidavit indicating 18 pending cases and a police report, but the State argued that the affidavit did not demonstrate that he was not absconding in any of those cases. The Court examined whether the petitioner had provided sufficient proof of his presence and cooperation in the pending matters. Finding the supplementary affidavit inadequate to show that he was not absconding, the Court held that granting bail would jeopardise the smooth conduct of the trials. Consequently, the bail application was refused.

Issues considered

  • Whether the petitioner is entitled to regular bail under Sections 483 and 484 of the BNSS, 2023 despite having multiple pending cases.
  • Whether the petitioner has satisfactorily proved that he is not absconding in any of the pending cases.

Legislation cited

Subjects

  • bail
  • regular bail
  • BNSS 2023
  • IPC
  • dacoity
  • robbery
  • criminal conspiracy
  • absconding
  • pending cases
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 58466 of 2025
                      Arising Out of PS. Case No.-142 Year-2021 Thana- BALIGAON District- Vaishali
                 ======================================================
                 Sharvan Sahni @ Shravan Sahni S/o- Shiv Shankar Sahni Village- Peyarepur
                 W.No-7, Ps- Baligaon Dist- Vaishali

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :        Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   03-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Sections 483 and 484 of the Bharatiya Nagarik

                   Suraksha Sanhita, 2023 (hereinafter referred to as “the BNSS,

                   2023”) for grant of regular bail to the petitioner, who is in

                   custody in connection with Baligaon P.S. Case No. 142 of 2021,

                   lodged on 16.12.2021, under Sections 395/412/120B of the

                   Indian Penal Code.

                                3. Earlier, the prayer for regular bail of the petitioner

                   was rejected by this Court vide order dated 04.12.2024 passed in

                   Cr. Misc. No. 66985 of 2024.

                                4. Learned Counsel for the petitioner submits that, in

                   compliance with the order dated 12.09.2025, an affidavit has
          Patna High Court CR. MISC. No. 58466 of 2025(4) dt.03-04-2026
                                                      2/2




                    been filed stating that a total of 18 cases are pending against the

                    petitioner. A report to this effect, issued by the Superintendent of

                    Police, Samastipur, has been brought on record by way of a

                    supplementary affidavit.

                                 5. Learned APP for the State opposes the prayer for

                    bail and submits that this Court had required substantial proof to

                    show that the petitioner is not absconding in any of the cases.

                    However, the document annexed with the supplementary

                    affidavit does not clarify whether the petitioner is absconding in

                    those cases or not?

                                 6. It transpires to this Court that the primary concern

                    is to ensure smooth conduct of the Trial. From the

                    supplementary affidavit, it is not evident whether the petitioner

                    is absconding in any of the pending cases or not?

                                 7. In view of the aforesaid facts and circumstances,

                    this Court is not inclined to grant bail to the petitioner.

                    Accordingly, the prayer for bail is hereby refused.



                                                                      (Dr. Anshuman, J)
    Mkr./-

U     T


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