Patna High Court
Sandeep Sahani @ Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for anticipatory bail, directing release upon arrest or surrender subject to bail bonds and conditions.
Summary
The petitioner, Sandeep Sahani, sought anticipatory bail fearing arrest in a kidnapping case (Harsidhi P.S. Case No. 686 of 2023) involving offences under Sections 363, 365, 366A/34 of the IPC and Section 8 of the POCSO Act. The prosecution alleged the petitioner had kidnapped a minor girl, while the petitioner claimed innocence and presented a police final report exonerating him. The State opposed the bail application. The court examined the police exoneration and the legal provisions governing anticipatory bail. Finding no substantive basis for detention, the court granted anticipatory bail subject to bail bonds and sureties, and conditions under Section 482(2) of the BNSS. The order directs release upon arrest or surrender within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted when the police charge sheet exonerates the petitioner
- Whether the conditions under Section 482(2) of the BNSS are applicable to the grant of anticipatory bail
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482(2)
- Indian Penal Code — s. 34, 363, 365, 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- kidnapping
- POCSO Act
- exoneration
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72900 of 2025
Arising Out of PS. Case No.-686 Year-2023 Thana- HARSIDHI District- East Champaran
======================================================
Sandeep Sahani @ Sandeep Kumar son of Harendra Sahani Resident of
Village -Auraiya PS- Harsidhi District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Hasan Tara Khatoon Wife of Umar Ali Resident of Village -Auraiya, Po-
Murarpur, PS- Harsidhi District- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar
For the Opposite Party/s : Mrs. Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Harsidhi P.S. Case No. 686 of 2023 registered for offences
under Sections 363, 365, 366A/34 of the Indian Penal Code and
Section 8 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the police has submitted final form
exonerating the petitioner.
Patna High Court CR. MISC. No.72900 of 2025(3) dt.21-01-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considered the submissions of the parties. From
Annexure-2, it appears that the police has submitted the charge
sheet exonerating the petitioner.
7. In view of the above, this application for
anticipatory bail stands allowed.
8. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned concerned
Court below, East Champaran, Motihari in connection with
Harsidhi P.S. Case No. 686 of 2023 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…