Patna High Court
Shatrudhan SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 482(2) of the B.N.S.S. 2023.
Summary
The petitioners, four relatives of a deceased woman, sought anticipatory bail fearing arrest in a case (Lalganj PS Case No. 284 of 2025) filed under Sections 80 and 3(5) of the Bharatiya Nagrik Suraksha Sanhita. They asserted that they were falsely implicated, had no involvement in the family affairs of the deceased, and were unlikely to abscond or tamper with evidence; only one petitioner had a prior Excise Act case. The State opposed the bail. The Court, after considering the submissions, ordered that if the petitioners are arrested or surrender within six weeks, they shall be released on bail upon furnishing a Rs.10,000 bond with two sureties each, subject to conditions under Section 482(2) of the B.N.S.S. 2023. The order effectively granted conditional anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
- Whether the petitioners pose a risk of absconding or tampering with evidence.
- Whether a prior criminal antecedent of one petitioner precludes the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 3(5), 482(2), 80
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- false implication
- bail conditions
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87518 of 2025
Arising Out of PS. Case No.-284 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
1. Shatrudhan Sahni Son of Rambali Sahni Resident of Village -Salempur PS-
Lalganj District -Vaishali
2. Ranjeet Sahni Son of Rambali Sahni Resident of Village -Salempur PS-
Lalganj District -Vaishali
3. Pankaj Sahni @ Pankaj Kumar Son of Rambali Sahni Resident of Village
-Salempur PS- Lalganj District -Vaishali
4. Rambali Sahni son of Late Mushafir Sahni Resident of Village -Salempur
PS- Lalganj District -Vaishali
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyameshwar Kumar Singh, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
For the Informant : Mr. Abhijeet Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Lalganj P.S. Case No. 284 of 2025, instituted under Sections
80, 3(5) of the B.N.S.
3. As per the prosecution case, daughter of the
informant has been killed by the F.I.R. named accused persons.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. Petitioner Nos. 1 and 2 are Bhaisur of the deceased,
Petitioner No. 3 is Devar and Petitioner No. 4 is father-in-law of
the deceased. Petitioners have got no concern with the day to day
Patna High Court CR. MISC. No.87518 of 2025(2) dt.12-01-2026
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affairs of the family of deceased and they were living separately
from the family of deceased. Husband of the deceased is in
custody against whom charge-sheet has already been submitted.
Petitioner Nos. 1, 3 and 4 have no criminal antecedent. Petitioner
No. 2 has one criminal antecedent which is of Excise Act in which
he is on bail. There is no chance of absconding the petitioners or
tampering with the evidence. Petitioners undertake to co-operate in
the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submission of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks from
today, the petitioners be released on bail upon furnishing bail
bonds of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Vaishali at Hajipur in connection with Lalganj P.S.
Case No. 284 of 2025, subject to the conditions laid down in
Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita
(B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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