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Patna High Court

Kari Sahani @ Fagu SahaniversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
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                                   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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