Patna High Court
Shyambabu SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner, finding no sufficient ground to deny bail.
Summary
The petitioner, Shyambabu Sahni, applied for regular bail in a criminal case (Banjariya PS Case No. 334 of 2025) involving offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 103(1), 352 and 351(2) of the Bharatiya Nyaya Sanhita. The prosecution alleged that a group of 24 accused, along with 60‑70 unknown persons, assaulted the informant's husband, leading to his death, and during investigation a private detective’s statement suggested the petitioner’s presence at the scene, although he is not named in the FIR. The petitioner contended that there is no specific overt act attributed to him, he has a clean antecedent, and he has been in custody since 30‑10‑2025. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the nature of the accusation, the petitioner’s clean record and the length of custody, granted regular bail on a bond of Rs.10,000 with two sureties, directing release upon satisfaction of the Judicial Magistrate.
Issues considered
- Whether the petitioner, who is not named in the FIR but is alleged to have been present at the scene, is entitled to regular bail under the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s clean antecedent and period of custody justify the grant of bail despite the serious nature of the offences.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- clean antecedent
- custody
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7875 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Shyambabu Sahni S/O Badri Sahni R/O Vill. - Chailaha Tal, P.S -
Banjariya,Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Banjariya P. S. Case No. 334 of 2025 registered for the offences
punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),
118(1), 109, 103(1), 352, 351(2) of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, 24 F.I.R. named accused
persons along with 60-70 unknown persons assaulted husband
of the informant as a result of which he succumbed to the
injuries.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. and his named transpired
during investigation on the basis of statement of a private
Patna High Court CR. MISC. No.7875 of 2026(2) dt.16-02-2026
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detective who alleged presence of petitioner at the place of
occurrence. There is no allegation of any specific overt act
against the petitioner. Petitioner claims clean antecedent and is
in custody since 30.10.2025.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class-cum- A.M., East
Champaran, Motihari in connection with Banjariya P. S. Case
No. 334 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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