Patna High Court

Sohan SahaniversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Given the lack of substantive evidence and the general nature of the accusations, the High Court exercised its inherent powers under Section 482(2) of the CrPC to grant anticipatory bail to the petitioner.

Summary

The petitioner, Sohan Sahani, was implicated in an FIR alleging murder under Sections 302 and 34 of the IPC, stemming from a land dispute in which the informant claimed the accused killed his son. The petitioner contended he was innocent, noting that the informant was not an eye‑witness, no witness had seen him commit the crime, and the post‑mortem indicated the deceased had consumed a substance suggesting suicide. The State and the informant opposed the petition for anticipatory bail. The Court examined the general and omnibus nature of the accusation, the lack of direct evidence, and the suicide evidence, and concluded that the petitioner was entitled to protection. Accordingly, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the CrPC.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the allegations under Sections 302 and 34 IPC.
Whether the lack of eyewitness testimony and the suicide evidence justify the exercise of the High Court's inherent powers under Section 482 of the CrPC.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)
Indian Penal Code — s. 302, 34

Subjects

anticipatory bail
murder
IPC
Section 302
Section 34
CrPC
high court
bail bond
land dispute
suicide

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67760 of 2025

                    Arising Out of PS. Case No.-555 Year-2024 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Sohan Sahani S/o Sita Ram Sahni R/O Vill.- Sahwajpur, P.S.- Ahiyapur, Dist.-
                 Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Alok Kumar Alok, Advocate
                 For the State           :        Mr. Surendra Prasad Singh, APP
                 For the Informant       :        Mr. Manohar Prasad Abhash, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 302 and 34

                   of the Indian Penal Code.

                                3. As per prosecution case, informant suspects that all

                   the F.I.R. named accused persons, including this petitioner, on

                   account of land dispute, killed the son of informant.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.67760 of 2025(3) dt.13-01-2026
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          committed no offence. Informant is not an eye witness to the

          occurrence. In the F.I.R., only suspicion has been raised against

          all the accused persons, including this petitioner, because of old

          land dispute. During course of investigation, none of the

          witnesses have claimed to have seen this petitioner committing

          the alleged offence. As a matter of fact, the deceased himself

          committed suicide. In the post mortem report, it has come that

          the deceased had consumed Suplhas.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and materils that

          have surfaced during course of investigation, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned C.J.M., Muzaffarpur in

          connection with Ahiyapur P.S. Case No. 555 of 2024, subject to
             Patna High Court CR. MISC. No.67760 of 2025(3) dt.13-01-2026
                                                         3/3




                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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