Patna High Court
Pravesh Sahani @ Ramesh Sahani @ Ram Pravesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since no overt act or instigation is attributed to the petitioner and the fatal assault is specifically alleged against the co‑accused, the petitioner is entitled to bail.
Summary
The petitioner, Pravesh Sahani, was arrested in connection with a murder case (IPC Sections 302 and 34) arising from an altercation on 16‑03‑2024 that led to the death of the informant’s son. The FIR attributes the fatal assault solely to co‑accused Babloo Sahani, while the petitioner was present only in his capacity as a fisherman and no overt act or instigation is ascribed to him. The petitioner argued that similar co‑accused have been granted anticipatory bail and that the investigation in the present case is complete with a charge‑sheet already filed. The State opposed bail. The Court, noting the lack of any specific allegation against the petitioner and the completed investigation, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether a person named in an FIR for offences under Sections 302 and 34 IPC, but with no overt act attributed, is entitled to bail.
- Whether the completion of investigation and filing of charge‑sheet precludes the grant of bail.
- Whether the presence of a co‑accused who is solely alleged to have committed the fatal assault affects the bail decision.
Legislation cited
- Excise Act
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- common intention
- IPC Sections 302 and 34
- BNSS Section 480(3)
- anticipatory bail
- charge sheet
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68809 of 2025
Arising Out of PS. Case No.-145 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
Pravesh Sahani @ Ramesh Sahani @ Ram Pravesh Sahani S/o Dasayi Sahni
R/o Village - Jhakhiya, P.S - Banjariya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Usha Kumari, Adv.
For the Opposite Party/s : Mr. Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 05-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Banjariya P.S. Case No. 145 of 2024 registered for the
offences punishable under Sections 302 and 34 of the
Indian Penal Code.
3. The petitioner is named in the F.I.R. and is in
custody since 11.07.2025.
4. As per FIR both petitioners along with co-
accused namely Babloo Sahani were working together with
the deceased son of the informant as fisherman, where
some altercations took place on 16.03.2024, during which
son of the informant received head injuries and resultantly
died on 25.06.2024.
Patna High Court CR. MISC. No.68809 of 2025(2) dt.05-02-2026
2/3
5. Learned counsel appearing on behalf of the
petitioner submitted that the thrust of allegation as per FIR
to cause fatal assault is available against co-accused Babloo
Sahani who is not petitioner for the present whereas no
overt act appears attributed against petitioner. It is pointed
out that even allegation of instigation is also not available
against this petitioner and he was present at the place of
occurrence in his professional capacity being fisherman.
6. Arguing further, it is submitted that similarly
situated co-accused persons namely, Dalu Sahani and Bhola
Sahani has already granted anticipatory bail by this Court
through Cr. Misc. No. 87397 of 2024 vide order dated 19-
04-2025. While concluding the argument, it is submitted
that petitioner found involved in five more criminal cases
related with Excise Act, where he is on bail and moreover,
investigation of this case is completed, for which charge-
sheet has been submitted, as such, there is no chance of
tampering with the evidence.
7. Learned APP opposes the prayer of bail.
8. In view of aforesaid factual submission and by
Patna High Court CR. MISC. No.68809 of 2025(2) dt.05-02-2026
3/3
taking note of fact as allegation is qua causing fatal assault
is specifically available against co-accused Babloo Sahani,
whereas no overt act appears attributed against petitioner,
coupled with fact as investigation of this case already
completed, where petitioner remains in custody since
11.07.2025, accordingly petitioner above named, is
directed to be released on bail in connection with Banjariya
P.S. Case No. 145 of 2024 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned CJM,
Motihari, East Champaran /concerned court, subject to the
conditions as mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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