Patna High Court
Binod SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was denied as the petitioner was found to be actively involved in the crime.
Summary
The petitioner, Binod Sahani, filed an anticipatory bail application in connection with a murder case (Sections 302, 120B IPC and Section 27 Arms Act) where he was not named in the FIR but was identified as a shooter through CCTV footage and investigation. The petitioner argued that only a confessional statement linked him to the crime and that the investigation was complete with other co‑accused already arrested, so custodial interrogation was unnecessary. The State opposed the bail, highlighting the petitioner’s alleged role as the shooter, the existence of a non‑bailable warrant and pending Section 82 CrPC proceedings, and his involvement in nine other criminal cases. The court examined the material evidence, including the CCTV footage and the petitioner’s criminal antecedents, and concluded that the petitioner was actively involved in the offence. Consequently, the court rejected the anticipatory bail petition, finding no justification to release the petitioner.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the evidence linking him to the murder and his prior criminal record.
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code — s. 82
- Indian Penal Code — s. 120B, 302
Subjects
- anticipatory bail
- murder
- IPC
- Arms Act
- CrPC Section 82
- non‑bailable warrant
- CCTV evidence
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64317 of 2025
Arising Out of PS. Case No.-153 Year-2022 Thana- CHIRAIYA District- East Champaran
======================================================
Binod Sahani S/o- Ramnath Sahani Village- Madhubanighat Tola Ps- Mathiya
Dist- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Ray, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, not named in the F.I.R., is
apprehending his arrest in connection with Chiraiya P.S. Case
No. 153 of 2022 registered for the offences punishable under
Sections 302, 120B of the Indian Penal Code and 27 of the
Arms Act, pending in the court of learned 4th Additional Chief
Judicial Magistrate, Sikrahana at Dhaka, East Champaran.
3. As per FIR, the informant alleged that five persons
came on two motorcycles and fired at his brother who died on
the spot.
4. Learned counsel appearing on behalf of the
petitioner submitted that except suspicion arising out of
Patna High Court CR. MISC. No.64317 of 2025(3) dt.10-02-2026
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confessional statement, nothing incriminating appears against
the petitioner as to connect him with the present crime in
question. It is also submitted that investigation on all material
aspects has been completed in this case upon arrest of other
co-accused persons and, therefore, custodial interrogation of
the petitioner is not required. It is submitted that no purpose
of justice shall be served by sending the petitioner behind the
bar.
5. While opposing the prayer of anticipatory bail of the
petitioner, it is submitted by learned A.P.P. for the State that
the impugned order categorically suggests that it was the
petitioner who had shooted the deceased, was identified as a
shooter during course of investigation. In support of his
submission, learned A.P.P. referred para 79 & 80 of the CD-3
as mentioned in the impugned order. Beside aforesaid, it is
pointed out that NBW and also process of section 82 of
Cr.P.C. already initiated against the petitioner, who
admittedly involved in nine more criminal cases as para 3 of
the present bail petition.
6. In view of aforesaid factual submission and by
Patna High Court CR. MISC. No.64317 of 2025(3) dt.10-02-2026
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taking note of active involvement of petitioner being shooter
with the present crime in question as per CCTV footage,
coupled with the fact that petitioner is a man of criminal
antecedents as he found involved in nine more criminal cases,
accordingly, prayer of anticipatory bail of the petitioner stands
rejected.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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