Patna High Court
Jay Jay SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
Jay Jay Sahni was arrested in connection with a murder case (IPC 302), criminal conspiracy (IPC 120B) and illegal possession of arms (Arms Act 27). He has been in custody since 2 January 2024 and earlier bail was denied. The petitioner argued that continued pre‑trial detention violates his fundamental right to liberty under Article 21 and that the trial is unlikely to conclude soon. The State opposed bail, citing the seriousness of the offences. The Patna High Court, noting that prolonged detention would be punitive and contrary to Article 21, granted regular bail on condition of a Rs 15,000 bond, two sureties and compliance with appearance requirements.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder, criminal conspiracy and arms offences.
- Whether continued pre‑trial detention infringes the petitioner’s right to liberty under Article 21 of the Constitution.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302
Subjects
- bail
- pre‑trial detention
- Article 21
- murder
- criminal conspiracy
- Arms Act
- Patna High Court
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82947 of 2025
Arising Out of PS. Case No.-254 Year-2023 Thana- UDAKISHUNGANJ District-
Madhepura
======================================================
Jay Jay Sahni S/o- Paro Sahni @ Parameshwari Sahni R/o - Puraini Bazar
(Puraini), Ps- Puraini, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-01-2026 Heard Dr. Sanjay Kumar Singh, learned counsel for
the petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with
Udakishunganj P.S. Case No. 254 of 2023 instituted for the
offence under Sections 302, 120B of the Indian Penal Code and
Section 27 of the Arms Act.
3. Earlier vide order dated 30.08.2024 passed in Cr.
Misc. No. 44924 of 2024, regular bail of the petitioner was
rejected by this Court considering the role of the petitioner in
the alleged offence.
3. Learned counsel for the petitioner submits that the
present one is the second attempt for grant of regular bail to the
petitioner. It is mainly submitted that there are seven charge-
Patna High Court CR. MISC. No.82947 of 2025(3) dt.09-01-2026
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sheeted witnesses but only two witnesses have been examined.
It has been submitted on behalf of the petitioner that the
petitioner is in custody since 02.01.2024. Learned counsel
further submits that there is no likelihood of the trial being
concluded in the near future. Learned counsel goes on to submit
that the continued incarceration of the petitioner without
conclusion of trial amounts to a gross violation of the
fundamental right guaranteed under Article 21 of the
Constitution of India, which is reiterated by Hon’ble Apex Court
in plethora of judgments.
4. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
5. Considering the aforesaid facts and circumstances of
the case, period of custody of the petitioner and taking into
account the fact that continued detention of the petitioner would
serve no purpose other than punitive pretrial incarceration,
which is antithetical to the spirit of Article 21 of the
Constitution of India, this Court is inclined to grant bail to the
petitioner.
6. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.82947 of 2025(3) dt.09-01-2026
3/3
below/concerned Court in connection with Udakishunganj P.S.
Case No. 254 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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