Patna High Court
Kashi SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 190, 191(2)(3), 303(2), 324(2), 326(g), 351(2)(3), 352
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.
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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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