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Patna High Court

Moti Lal SahniversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted and that bail would be considered only upon the petitioner's surrender within four weeks.

Summary

Moti Lal Sahni applied for anticipatory bail fearing arrest in a case (P.S. Case No. 63 of 2024) involving offences under the Bharatiya Nyaya Sanhita, 2023, including sections 126(1), 115(2), 137(2), 140(3), 352, 351(2) and 3(5). He alleged that his only connection to the alleged crime was his brotherhood with co‑accused Nagendra Sahani and that no material linked him to the assault on his son and the subsequent disappearance. The State contended that a Section 82 arrest process had already been initiated and that the petitioner was evading arrest. Relying on the Supreme Court’s guidelines in Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730, the Patna High Court refused anticipatory bail, but directed that bail could be considered if the petitioner surrenders within four weeks. The order thus rejected the bail petition pending surrender.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the material on record justifies the grant of bail.
  • Whether a Section 82 arrest process already in motion precludes anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • Bharatiya Nyaya Sanhita
  • Section 82
  • criminal procedure
  • assault
  • missing person

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70977 of 2025
                       Arising Out of PS. Case No.-63 Year-2024 Thana- Patauna District- Madhubani
                 ======================================================
                 Moti Lal Sahni S/o Badri Sahni R/o Vill- Kataiya, P.S-Patauna, Dist-
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Binay Kumar, Adv.
                 For the Opposite Party/s :        Mr. M.K.Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   11-02-2026                    Heard learned Advocate appearing on behalf of the

                   petitioner and the learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Patauna P.S. Case No. 63 of 2024, registered for the

                   offences punishable under Sections 126(1), 115(2), 137(2),

                   140(3), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. Allegedly the son of the petitioner was in love with

                   the daughter of co-accused Nagendra Sahani. On 09.09.2024,

                   the accused persons including the petitioners brutally assaulted

                   the son and when the informant came to his rescue, she was also

                   threatened and assaulted. On 25.09.2024, his son went missing

                   and his mobile number was found switched off.
             Patna High Court CR. MISC. No.70977 of 2025(3) dt.11-02-2026
                                                         2/2




                                    4. Learned Advocate appearing on behalf of the

                       petitioner contended that only on account of the fact that he

                       being brother of the co-accused Nagendra Sahani, the name of

                       the petitioner has been implicated in this case, without there

                       being any material available on record.

                                    5. On the other hand, learned Advocate for the State

                       vehemently opposed the pre-arrest bail application and

                       submitted that from the impugned order it appears that the

                       process under Section 82 has already been issued and the

                       petitioner has been evading his arrest.

                                    6. Having considered the submissions advanced by

                       learned Advocate for the respective parties and taking note of

                       the mandate of the Apex Court in Lavesh vs State (NCT of

                       Delhi), (2012) 8 SCC 730 this Court is not acceded to the prayer

                       for anticipatory bail of the petitioner, accordingly the prayer for

                       bail of the petitioner stands rejected. However, if the petitioner

                       surrenders before the learned Court below preferably within a

                       period of four weeks from today, his prayer for bail shall be

                       considered without being prejudiced by the order of this Court.



                                                   (Harish Kumar, J)
supratim/-

U      T


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