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Patna High Court

Kashi SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail should be granted to the petitioners subject to the stipulated conditions.

Summary

The petitioners, Kashi Sahani and Meghnath Sahani, were implicated in a FIR alleging robbery, looting, arson and assault under multiple provisions of the Bharatiya Nyaya Sanhita. They contend that the allegations are false, arising from a land‑dispute motive, and point to a four‑day delay in filing the FIR, absence of an injury report and lack of specific evidence against them. The petitioners, who have no prior criminal record, sought anticipatory bail, noting that other co‑accused had already been granted bail by a coordinate bench of the same court. The State opposed the bail application. After considering the submissions, the court ordered that the petitioners be released on bail, if arrested or surrendered within six weeks, upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order effectively grants anticipatory bail to the petitioners.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite the serious charges under the Bharatiya Nyaya Sanhita.
  • Whether the delay in filing the FIR and lack of an injury report justify denial of bail.
  • Whether the alleged land‑dispute motive renders the accusations against the petitioners false and warrants bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • land dispute
  • robbery
  • arson
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85317 of 2025
                  Arising Out of PS. Case No.-182 Year-2024 Thana- BANJARIA District- East Champaran
                 ======================================================
           1.     Kashi Sahani Son of Late Bangali Sahani R/o Village - Chailaha Tal, P.S. -
                  Banjariya, Dist. - East Champaran.
           2.    Meghnath Sahani Son of Late Bangali Sahani R/o Village - Chailaha Tal,
                 P.S. - Banjariya, Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   07-01-2026                        Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 190, 191(2)(3), 115(2), 118(1), 303(2),

                   324(2), 326(g), 352, 351(2)(3) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, on 22-7-2024 at 7 PM,

                   informant heard hulla, accordingly came out of the house and

                   saw the named accused persons including the petitioners along

                   with 200 unknown accused persons, on orders of Bhagirath,

                   accused persons entered the shop and looted articles worth Rs.

                   50 lakh and even assaulted her father-in-law, further Ajay,

                   Sonalal and Pradip entered her house and took ornaments worth
Patna High Court CR. MISC. No.85317 of 2025(2) dt.07-01-2026
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          Rs. 7 lakh along with LIC policy, while Prabhu, Jay Prakash,

          Shatrughan, Sunil and Suresh looted four laptops and pen-drive

          worth Rs. 2 lakh and the accused persons set the shop on fire

          causing loss of Rs. 1 crore and also set ablaze 5 motorcycles. It

          is next alleged that there is a land dispute with her cousin father-

          in-law, Raj Kumar, and the occurrence was committed at his

          behest.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in the

          present case due to land dispute. Further submission is that there

          is case and counter case between the parties. F.I.R. has been

          lodged after a delay of four days without any plausible

          explanation. There is no injury report on the record to

          substantiate the allegation of assault. Allegations against the

          petitioners are general and omnibus. Similarly situated co-

          several co-accused persons have already been granted

          anticipatory bail by a Co-ordinate Bench of this Court vide order

          dated 08.12.2025 passed in Cr. Misc. No. 79730 of 2025.

          Petitioners have no criminal antecedent. They undertake to

          cooperate in the investigation and trial.

                       5. Learned A.P.P. appearing on behalf of the State

          opposed the bail application.
            Patna High Court CR. MISC. No.85317 of 2025(2) dt.07-01-2026
                                                        3/3




                                      6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the parties,

                      let the above named petitioners be released on bail, in the event

                      of arrest or surrender before the learned court below within a

                      period of six weeks from today, on furnishing bail bonds of

                      Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                      the like amount each to the satisfaction of learned Judicial

                      Magistrate-I, Motihari, East Champaran in connection with

                      Banjariya P.S. Case No. 182 of 2024, subject to the conditions

                      as laid down under Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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