Patna High Court
Ajit Kumar Sahani @ Ajit Sahani @ Bhagat Sahani @ BhagatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that the unexplained delay in filing the FIR, the absence of incriminating testimony under Section 183, and the petitioners’ clean antecedent justify granting pre‑arrest bail.
Summary
The petitioners, Ajit Kumar Sahani and Bikrama Prasad, applied for pre‑arrest bail in connection with PS Mirganj Case No. 105 of 2025, which alleged offences under Sections 137(2) and 96 of the Bharatiya Nagrik Suraksha Sanhita (BNSS). The FIR was lodged seven days after the alleged abduction of a minor girl, and the victim’s statement under Section 180 implicated the co‑accused Rahul Kumar, while her statement under Section 183 did not allege sexual assault by the petitioners. The State opposed bail, arguing that the petitioners were complicit in the forced abduction and that prior enmity suggested motive. The Court noted the unexplained delay in filing the FIR, the lack of incriminating testimony under Section 183, and the petitioners’ clean antecedent. Relying on Section 482(2) of the BNSS, the Court ordered that the petitioners be released on bail if arrested, subject to bond and surety conditions. The order also required one bailor to be a close family member.
Issues considered
- Whether pre‑arrest bail should be granted despite allegations under Sections 137(2) and 96 BNSS
- Whether the delay in lodging the FIR and the victim’s statements affect the likelihood of the petitioners’ involvement
- Whether prior enmity can be a ground to deny bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 137(2), 180, 183, 482(2), 96
Subjects
- pre‑arrest bail
- delay in FIR
- BNSS
- sexual assault allegation
- prior enmity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70801 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
1. Ajit Kumar Sahani @ Ajit Sahani @ Bhagat Sahani @ Bhagat S/O Bikrama
Prasad @ Bikrama Sahani R/O Village- Jigna Malahi Tola, P.S.- Mirganj,
District- Gopalganj
2. Bikrama Prasad @ Bikarma Sahani S/O Late Ganesh Malah R/O Village-
Jigna Malahi Tola, P.S.- Mirganj, District- Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Salehiya Devi W/O Om Prakash Sharma R/O Village- Jigna Malahi Tola,
P.S.- Mirganj, District- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devashish Giri, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
For the Informant : Mr. Saurabh Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned Advocate for the petitioners,
learned Advocate for the informant and the learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Mirganj P.S. Case No. 105 of 2025, registered
for the offences punishable under Sections 137(2) and 96 of the
BNS.
3. In the fateful night, while the minor daughter of the
informant was sleeping in her room, in the meantime, the
informant got up at 01:30 AM, she found that her daughter was
not in her bed. Later on, when the informant enquired the matter
and tried to find out the whereabout of her daughter, she came to
Patna High Court CR. MISC. No.70801 of 2025(3) dt.11-02-2026
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know that one Rahul Kumar and unknown boy were seen taking
the victim on their motorcycle. This led to institution of the FIR.
4. Learned Advocate for the petitioners contended that
admittedly the FIR has been instituted against co-accused Rahul
Kumar, that too after a delay of seven days, without there being
any plausible explanation. Subsequently thereto, the victim was
recovered and her statement was recorded by the police under
Section 180 of the BNSS, wherein she has alleged about the
complicity of the petitioners, but when her statement was further
recorded under Section 183 BNSS, she has not even whispered
that the petitioners have anyhow sexually assaulted except
stated they were accompany with co-accused Rahul Sahani. The
reason behind the false implication is said to be a prior
complaint case instituted by the sister of co-accused Rahul
Sahani, wherein the petitioner no. 1 and her mother were
complaint witnesses. The copy of the complaint has been placed
on record as Annexure-P/4. It is lastly contended that be that as
it may, the petitioners are men of fair antecedent and they
undertake that they will fully co-operate in the proceeding of the
Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that there is
specific accusation against the petitioners that they have forcibly
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abducted the victim girl and the prior enmity is a two edged
sword, which cuts both the sides; hence the complicity of the
petitioners cannot be ruled out.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the delay in lodging of the FIR, coupled with the statement of
victim recorded under Section 183 BNSS, as also the materials
available on record suggesting prior enmity, coupled with the
fair antecedent of the petitioners, let the petitioners above
named be released on bail, in the event of their arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Gopalganj in connection with
Mirganj P.S. Case No. 105 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 with the further condition that one of the bailors
shall be the own/close family members of the petitioners.
(Harish Kumar, J)
shivank/-
U T
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