Patna High Court
Bhagirath Sahani @ Bhagirat SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Bhagirath Sahani, was arrested in connection with a FIR alleging that he and others, armed, committed loot and arson causing a loss of Rs.1 crore. He filed an application for regular bail under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution opposed bail, citing the seriousness of the offences and the fact that a chargesheet had been filed. The court noted that the petitioner had been in custody for five months, that bail had already been granted to several co‑accused, and considered the material on record. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 190, 191(2)(3), 3, 303(2), 324(2), 326(g), 351(2), 352
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- custody
- chargesheet
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74550 of 2025
Arising Out of PS. Case No.-182 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
Bhagirath Sahani @ Bhagirat Sahani S/o Late Rameshwar Sahani R/o
Village- Chailaha Tal, P.S.- Banjariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant
of regular bail in connection with Banjariya P.S. Case no.182 of
2024 registered under sections 190, 191(2)(3), 115(2), 118(1),
303(2), 324(2), 326(g), 352, 351(2) and 3 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that
the accused persons including the petitioner herein came
variously armed along with 200 unknown accused. It is further
stated that they pulled out the father-in-law of the informant and
on the orders of the petitioner committed loot causing a loss of
Rs.1 crore. The shop of the father-in-law of the informant was
set on fire.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The manner of
Patna High Court CR. MISC. No.74550 of 2025(3) dt.21-01-2026
2/2
occurrence is other than what has been narrated in the FIR. Even
as per the allegations, the petitioner is said to be an order giver.
He is 60 years old and is in custody since 11.8.2025.
Chargesheet has been submitted in the case. A number of co-
accused have been enlarged on bail including Shiv Sahani vide
order dated 8.12.2025 passed in Cr. Misc. no.79730 of 2025.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation in the FIR, the material
that has transpired in course of investigation, the petitioner
being in custody for 5 months since 11.8.2025, chargesheet
having been submitted in the case and grant of bail to the above
named co-accused vide order dated 8.12.2025, the Court directs
the petitioner to be enlarged on bail in connection with
Banjariya P.S. Case no.182 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 the learned Judicial
Magistrate, First Class, Motihari, East Champaran.
(Partha Sarthy, J)
Saurabh/-
U T
Checking your session…