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Patna High Court

Shatrudhan SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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