Patna High Court
Ramayan Sahani @ Ramkaran SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed, and the petitioner is to be released on bail subject to the conditions of Section 438(2) CrPC.
Summary
The petitioner, Ramayan Sahani, feared arrest in connection with a 2016 case (PS No.85) involving alleged communal violence and robbery, where the prosecution alleged that a mob of 200‑300 persons raised anti‑Muslim slogans and looted shoes and cash. The petitioner's counsel argued that he was not named in the FIR and had been falsely implicated solely on a supervision note of the Deputy Superintendent of Police. The High Court examined whether the petitioner was properly implicated and whether bail could be granted under the provisions of the Code of Criminal Procedure. Relying on Section 438(2) CrPC and the inherent powers of the court under Section 482, the Court found no substantive ground to deny bail. Consequently, the application for bail was allowed, subject to a bond of Rs.10,000 with two sureties and compliance with the conditions of Section 438(2). The order directed that the petitioner be released on bail if arrested or surrendered within four weeks.
Issues considered
- Whether the petitioner, not named in the FIR but implicated via a supervision note, is entitled to bail.
- Whether the High Court can exercise its inherent powers under Section 482 CrPC to grant bail in this circumstance.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
Subjects
- bail
- Section 438 CrPC
- Section 482 CrPC
- false implication
- communal violence
- Indian Penal Code
- High Court of Patna
- pre‑arrest bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80739 of 2025
Arising Out of PS. Case No.-85 Year-2016 Thana- RAJEPUR District- East Champaran
======================================================
Ramayan Sahani @ Ramkaran Sahani S/o Ram Lakhan Sahani Resident of
village - Lahladpur, P.S - Madhuban, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Rajepur P.S. Case No. 85 of 2016 registered for
the offence under Sections 143, 144, 145, 147, 148, 149, 151,
152, 153A, 160, 395, 295A, 297, 298, 341, 323, 342 and 504 of
the Indian Penal Code.
3. As per the prosecution case, it is alleged by the
informant that 200-300 persons came to his shoe shop and
raised anti-Muslim slogans and also looted shoes worth Rs.
3,00,000/- and 8,000/- cash.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
Patna High Court CR. MISC. No.80739 of 2025(4) dt.10-03-2026
2/2
petitioner has not been named in the FIR and he has only been
implicated in this case on the basis of supervision note of the
Deputy Superintendent of Police.
7. Considering the aforesaid facts, this application
is allowed.
8. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 Sub-Divisional
Judicial Magistrate, Sadar, East Champaran, Motihari/concerned
Court below in connection with Rajepur P.S. Case No. 85 of
2016, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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