Patna High Court
Prayag SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 190, 191(2)(3), 303(2), 324(2), 326(g), 351(2)(3), 352, 482(2)
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
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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.
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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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