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Patna High Court

Ramayan Sahani @ Ramkaran SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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