Patna High Court
Raj Kishor SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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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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