Patna High Court
Krishna SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Krishna Sahani was arrested on 12 June 2025 in connection with a case alleging he poisoned and killed the son of an informant, under Sections 103(1), 3(5), 61(2) and 238 of the B.N.S, 2023. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the FIR was filed two days after the alleged incident without explanation, while the post‑mortem report indicated death by drowning. The prosecution opposed bail, but the court noted the absence of any material linking the petitioner to the crime and the delay in filing the FIR. Considering the lack of evidence, the petitioner’s clean record, and the circumstances, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was made without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the evidence on record.
- Whether the two‑day delay in filing the FIR and the lack of material evidence justify granting bail.
- Whether the petitioner’s clean antecedent and claim of false implication outweigh the prosecution’s objections.
Legislation cited
- B.N.S., 2023 — s. 103(1), 238, 3(5), 61(2)
Subjects
- bail
- false implication
- clean antecedent
- delay in FIR
- murder
- poison
- postmortem
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81732 of 2025
Arising Out of PS. Case No.-151 Year-2025 Thana- Raghunathpur District- East Champaran
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Krishna Sahani S/o Late Lal Bahadur Sahani Resident of Village - Sapahi
Jatwa, P.S - Raghunathpur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Dhurendra Kumar, learned counsel for
the petitioner and Mr. Shyameshwar Dayal, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.06.2025 in connection with Raghunathpur P.S. Case No. 151
of 2025, F.I.R. dated 06.06.2025 for the offences punishable
under Sections 103(1), 3(5), 61(2) and 238 of the B.N.S, 2023.
3. According to prosecution case, this petitioner along
with other accused persons assaulted and killed the son of the
informant by administering poison.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. From perusal of the F.I.R., it
Patna High Court CR. MISC. No.81732 of 2025(3) dt.27-01-2026
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appears that the date of occurrence is 04.06.2025 but the present
F.I.R. has been instituted on 06.06.2025 i.e., after delay of 2
days without giving any explanation of the said delay. Except
the aforesaid, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. He further submits that the postmortem
report reveals that the deceased died due to drowning and the
police have recovered the dead body from the bank of Dhobi
river. The petitioner has been made accused merely on the
ground that he is cousin father-in-law of the deceased. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 12.06.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and no other cogent
material has come during investigation which suggest the
involvement of the petitioner in the present occurrence, let the
petitioner, above named, 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 learned Chief Judicial
Patna High Court CR. MISC. No.81732 of 2025(3) dt.27-01-2026
3/3
Magistrate, East Champaran, Motihari in connection with
Raghunathpur P.S. Case No. 151 of 2025, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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