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Patna High Court

Krishna SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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