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Patna High Court

Ramayan Sahani @ Ramkaran SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the CrPC.

Summary

Ramayan Sahani sought anticipatory bail fearing arrest in a case involving numerous IPC offences, alleging that the FIR was false and that earlier cases pertained to the same incident. He argued that the allegations of assault and looting were vague and ornamental, and that he had already secured bail in related FIRs. The State opposed the bail, contending the seriousness of the charges. The court examined the petitioner's claims of false implication and the nature of the allegations. Considering the submissions, the court granted anticipatory bail, imposing a bail bond of Rs. 25,000 with two sureties and subjecting the petitioner to conditions under Section 482(2) of the CrPC. The order was made to ensure the petitioner’s release if arrested within six weeks, pending trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR.
  • Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
  • Whether the petitioner’s prior cases and claim of false implication affect the grant of bail.

Legislation cited

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81357 of 2025
                   Arising Out of PS. Case No.-77 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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                                                  Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :       Mr.Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026               1.     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                             2.     The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 143, 144, 145, 147, 148,

                   149, 151, 152, 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 504

                   and 342 of the Indian Penal Code.

                             3.     Learned counsel for the petitioner submits that

                   petitioner has antecedent of twelve cases, but then the said cases

                   were instituted for the same occurrence and the instant FIR also was

                   instituted for the same occurrence.              It is next submitted that

                   informant alleges that on 26-7-2016 at 1:30 pm, when he was at his

                   shop, petitioner along with named accused persons and 350-400

                   unknown accused came shouting anti muslim slogan and assaulted

                   him and looted articles worth Rs. 3,50,000/- from the shop.
              Patna High Court CR. MISC. No.81357 of 2025(2) dt.12-01-2026
                                                          2/2




                                 4.     Learned counsel for the petitioner submits that

                        petitioner has been falsely implicated in the instant case by the

                        informant. It is next submitted that petitioner has already been

                        granted bail in all other FIRs and from perusal of the allegations as

                        alleged in the FIR, it would manifest that allegation of assault

                        shouting slogan is general and omnibus in nature. It is further

                        submitted that as far as allegation of looting articles worth Rs.

                        3,50,000/- has been alleged, the same is ornamental.

                                 5.     Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioner.

                                 6.     Considering the submissions made by the learned

                        counsel for the petitioner, the petitioner above-named, in the event of

                        his arrest or surrender before the learned trial court within a period of

                        six weeks from today, be released on anticipatory bail on furnishing

                        bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two

                        sureties of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection with

                        Rajepur P.S. Case No. 77 of 2016, subject to the conditions as laid

                        down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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