Patna High Court
Kari Sahani @ Fagu SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail cannot be granted due to the gravity of the offences and the petitioner’s serious criminal antecedents.
Summary
Petitioner Kari Sahani was charged with offences under the Bharatiya Nyaya Sanhita, the NDPS Act and the Railways Act for alleged involvement in a narcotics‑peddling gang that robbed train passengers by forcing them to consume poisonous biscuits. He has been in custody since 7 April 2025 and has six serious criminal antecedents. The petitioner applied for regular bail. The court examined the nature and gravity of the alleged offences and the petitioner’s criminal history. Considering these factors, the court found no sufficient ground to grant bail. Consequently, the application for regular bail was rejected, with a direction that the petitioner may renew the prayer if the trial is delayed.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offences under the Bharatiya Nyaya Sanhita, NDPS Act and Railways Act and his prior criminal antecedents
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 317(4), 317(5), 3(5), 62
- Indian Railways Act — s. 137, 147
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 22(a), 8(c)
Subjects
- regular bail
- narcotics
- NDPS Act
- Railways Act
- criminal antecedents
- high court
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81525 of 2025
Arising Out of PS. Case No.-70 Year-2025 Thana- KATIHAR GRP CASE District- Katihar
======================================================
Kari Sahani @ Fagu Sahani S/o- Raghuni Sahani Village- Lakari Pati,
Jawahar School, Gulabagh, P.S- Sadar, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Ranjan
For the Opposite Party/s : Mr. Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Katihar Rail P.S. Case No. 70 of 2025, registered for offences
under Sections 123, 62, 317(5), 317(4), and 3(5) of the
Bharatiya Nyaya Sanhita, 2023; Sections 8(c) and 22(a) of the
NDPS Act; and Sections 137 and 147 of the Railways Act.
3. The petitioner, along with others, was engaged in
the trade of narcotics and drug peddling. There is a serious
allegation that they are members of a “zahar khurani” gang,
which used to rob people on trains by making them consume
poisonous biscuits or other intoxicating food items.
4. The petitioner is in custody since 07.04.2025 and
has six criminal antecedents of serious nature.
Patna High Court CR. MISC. No.81525 of 2025(5) dt.26-03-2026
2/2
5. Considering the nature and gravity of the offence,
as well as the criminal antecedents of the petitioner, this Court is
not inclined to grant regular bail to the petitioner. Accordingly,
the application for regular bail stands rejected.
6. If the trial is delayed, the petitioner may renew his
prayer for bail.
(Sandeep Kumar, J)
Shishir/-
U T
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