Patna High Court
Sanoj Sahani @ Sanoj SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482 of the BNSS.
Summary
The petitioner, Sanoj Sahani, applied for anticipatory bail in connection with a case alleging offences under the Bharatiya Nyaya Sanhita and the Arms Act. The prosecution alleged that the petitioner was identified by two arrested individuals after a police interception of two vehicles, one of which fled. The petitioner contended that he was falsely implicated, that no incriminating articles were recovered from him or his premises, and that he has a clean antecedent. The State opposed the bail on the ground of the serious nature of the offences. The Court, exercising its powers under Section 482 of the BNSS, granted anticipatory bail subject to a cash bond of Rs.10,000, two sureties, and several conditions including personal appearance before the trial court and verification of antecedents. The order clarified that any observations made therein would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the BNSS despite the serious charges under the BNSS and Arms Act.
- Whether the petitioner poses a risk of absconding, tampering with evidence, or influencing witnesses.
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita — s. 317(2), 317(5), 3(5)
Subjects
- anticipatory bail
- false implication
- Arms Act
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8329 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Sanoj Sahani @ Sanoj Sahni S/o- Rajendra Sahani @ Lallu Sahani @ Lalu
Sahni R/v- Bhikhanpura Ps- Paru Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Paru P.S. Case No. 124 of 2025 instituted for
the offences punishable under Sections 317(2), 317(5), 3(5) of
the Bharatiya Nyaya Sanhita and Sections 25(1-B)(a), 26,27 and
35 of the Arms Act.
3. As per the prosecution case, the police intercepted
two vehicles on which five persons were riding. It is alleged that
one of the motorcycles with three managed to flee however two
were apprehended who disclosed the name of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated and no recovery of any
incriminating article has been made from his conscious
Patna High Court CR. MISC. No.8329 of 2026(2) dt.17-02-2026
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possession or from the house of the petitioner. It has further
been submitted that the petitioner has no concern with the
apprehended accused persons from whom the arms were
recovered and the stolen motorcycle was recovered. It is further
submitted that the petitioner has clean antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate,
Muzaffarpur in connection with Paru P.S. Case No. 124 of 2025,
subject to the conditions as laid down under Section 482 of the
BNSS and subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
Patna High Court CR. MISC. No.8329 of 2026(2) dt.17-02-2026
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(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) 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 bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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