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Patna High Court

Raj Kishor SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Raj Kishor Sahni, applied for bail in a case registered under Sections 318(4), 338 and 336(3) of the B.N.S., alleging that he was falsely implicated in a scheme to collect bribes for securing bail for other accused. The prosecution alleged that the petitioner was caught with a bag containing several Aadhaar cards, passbooks and chequebooks, and that he had previously obtained bail in an NDPS case after paying a bribe. The petitioner contended that the documents were related to his father's charitable organization and that he had visited the civil court only to obtain an affidavit for that purpose, not to procure a bail order. The State opposed the bail, emphasizing the seriousness of the alleged offences. After hearing both sides, the court found insufficient grounds to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Madhubani.

Issues considered

  • Whether the petitioner is entitled to bail despite allegations of involvement in bribery and possession of fraudulent documents under Sections 318(4), 338 and 336(3) of the B.N.S.
  • Whether the petitioner’s claim of being falsely implicated and the lack of specific details about the alleged bail‑securing case merit bail.
  • Whether the conditions of bail (bond and sureties) are adequate to ensure the petitioner’s appearance and prevent tampering with evidence.

Legislation cited

  • B.N.S. — s. 318(4), 336(3), 338

Subjects

  • bail
  • bribery
  • criminal procedure
  • Sections 318, 338, 336
  • Bihar
  • false implication
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8365 of 2026
                     Arising Out of PS. Case No.-354 Year-2025 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Raj Kishor Sahni Son of Maheshwar Sahni Resident of Village and P.O.-
                 Khauna, P.S.- Basopatti, District - Madhubani

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chandan Priyadarshi, Advocate
                                                 Mr. Piyush Saurav, Advocate
                 For the Opposite Party/s :      Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Madhubani Town P.S. Case No.354 of 2025 registered for

                   the offence punishable under Sections 318(4), 338 and 336(3) of

                   B.N.S.

                                 3. The case of the prosecution, in short, is that the

                   informant has received a secret information that certain

                   individuals are likely to enter in the Civil Court, Madhubani

                   premises to collect money intended to be used as bribe for

                   securing bail from a judge. The informant along with police

                   officiails reached in the Civil Court, Madhubani premises and

                   saw a suspicious person carrying a bag on his back. The
Patna High Court CR. MISC. No.8365 of 2026(2) dt.12-02-2026
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          petitioner was apprehended who was identified as petitioner.

          The petitioner told that he has been arrested in Basopatti P.S.

          Case No. 166 of 2025 related to NDPS and was granted bail

          after paying a bribe of Rs. 2 lakhs. He also admitted that he had

          come to manage bail for another accused persons in other NDPS

          case. It is further alleged that from the poseession of this

          petitioner, several Aadhar Cards, Passbooks and Cheque books

          of different persons were recovered.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Though, it is alleged that the petitioner has come to

          premises of Civil Court for securing bail order but in entire case

          it is not disclosed as to in which case he has appeared there for

          securing the bail order. It has further been submitted that the

          father of the petitioner is Secretary of Matsyajivi Sahyog Samiti

          Basopatti and the documents which are found in the bag are of

          the beneficiaries of that Samiti. On the date of the occurrence,

          the petitioner has come to get affidavit relating to Matsyajivi

          Sahyog Samiti and in the meantime, police has arrested him. It

          has also submitted that if for a moment the allegation is taken to

          be true then also there is no detail of the case in which it is
             Patna High Court CR. MISC. No.8365 of 2026(2) dt.12-02-2026
                                                         3/3




                       alleged that the petitioner was there to obtain bail order.

                       Petitioner is languishing in judicial custody since 22.08.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Chief

                       Judicial Magistrate, Madhubani in connection with Madhubani

                       Town P.S. Case No. 354 of 2025.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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