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Patna High Court

Prayag SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions and the possibility of cancellation for non‑cooperation.

Summary

The petitioners, Prayag Sahani, Harinder Sahani and Prabhu Sahani, sought anticipatory bail fearing arrest in a FIR alleging their involvement in a large-scale robbery, arson and assault under multiple sections of the Bharatiya Nyaya Sanhita. They contended that they have clean records, were falsely implicated due to a land dispute, and that the FIR was lodged four days after the incident without specific allegations against them. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioners surrender within six weeks, furnish bail bonds of Rs.10,000 each with two sureties, and cooperate with the investigation. It further directed that the trial court may cancel the bail if the investigating officer reports non‑cooperation, invoking Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita despite the serious nature of the alleged offences.
  • Whether the petitioners' alleged false implication and the delay in filing the FIR justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • false implication
  • land dispute
  • FIR delay
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88188 of 2025
                  Arising Out of PS. Case No.-182 Year-2024 Thana- BANJARIA District- East Champaran
                 ======================================================
           1.     Prayag Sahani S/o Late Bangali Sahani R/o Village - Chailaha Tal, Ward No.
                  13, P.S - Banjariya, District - East Champaran
           2.    Harinder Sahani S/o Late Bangali Sahani R/o Village - Chailaha Tal, Ward
                 No. 13, P.S - Banjariya, District - East Champaran
           3.    Prabhu Sahani @ Prabhu Kumar S/o Prayag Sahani R/o Village - Chailaha
                 Tal, Ward No. 13, P.S - Banjariya, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :       Mr. Suman Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable 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. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that on 22-7-2024 at 7 PM, she heard hulla, accordingly

                   came out of the house and saw the named accused persons

                   including the petitioners along with 200 unknown accused
Patna High Court CR. MISC. No.88188 of 2025(2) dt.18-02-2026
                                            2/3




          persons, further 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 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 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 have been falsely implicated in the instant case by

          the informant on account of dispute relating to land. It is next

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that no specific allegation is alleged

          against the petitioners and even the FIR was instituted after a

          delay of four days. It is next submitted that Chunnu Sahani had

          approached this Court by filing Cr. Misc. No.77940/2025 and

          the same came to be allowed by an order dated 11.02.2026

          passed by a learned coordinate Bench. It is also submitted that

          petitioners will not abscond rather will cooperate in the

          investigation to prove their innocence.
             Patna High Court CR. MISC. No.88188 of 2025(2) dt.18-02-2026
                                                         3/3




                                    5. Learned A.P.P. for the State opposes the prayer for

                       anticipatory bail of the petitioners.

                                    6. Considering the submissions made by the learned

                       counsel for the petitioners, the petitioners above-named, in the

                       event of their arrest or surrender within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

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

                       sureties of the like amount each to the satisfaction of the learned

                       trial court where the case is pending/successor court in

                       connection with Banjariya P.S. Case No. 182 of 2024, subject to

                       the conditions as laid down under Section 482 (2) of the BNSS.

                                    7. However, it is made clear that in the event, if the

                       Investigating Officer of the case files an application before the

                       learned trial court bringing to its notice that the petitioners,

                       despite giving assurance to this Court, are not cooperating in the

                       investigation, in that event, the learned trial court shall be at

                       liberty to cancel the bail bonds of the petitioners.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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