Patna High Court

Krishna SahaniversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The petitioner is entitled to bail as there is no specific or direct allegation against him and he has no criminal antecedent.

Summary

Krishna Sahani was arrested in connection with a murder‑related case (Malahi P.S. Case No. 135 of 2025) under Sections 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that Sahani and another accused stabbed the informant, but the defence argued that the real assailant was a different co‑accused and that the informant was not an eye‑witness. The defence highlighted a one‑day delay in filing the FIR, the absence of any incriminating material against Sahani, his clean criminal record, and the fact that a co‑accused had already been granted bail. The State opposed bail, insisting on the seriousness of the charges. After weighing the lack of direct evidence, the petitioner’s antecedents, and the prolonged pre‑trial detention, the court ordered bail on a bond of Rs.15,000 with two sureties. The order released Sahani from judicial custody pending trial.

Issues considered

Whether the petitioner, Krishna Sahani, is entitled to bail in a case under Sections 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 3(5)

Subjects

bail
criminal procedure
presumption of innocence
delay in FIR
no criminal antecedent
Sections 109, 3 of Bhartiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88781 of 2025
                   Arising Out of PS. Case No.-135 Year-2025 Thana- MALAHI District- East Champaran
                 ======================================================
                 Krishna Sahani S/O Ramashray Sahani R/O Village- Nagdaha, P.S.- Malahi,
                 District- East Champaran
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pawan Kumar, Advocate
                 For the Opposite Party/s :       Mr.Choubey Jawahar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                                2. The petitioner seeks bail in connection with Malahi

                   P.S. Case No. 135 of 2025 instituted for the offences under

                   Sections 109(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                3. As per prosecution case, the accused persons

                   namely Krishna Sahani (petitioner) and Surendra Yadav

                   surrounded the informant, stabbed him in his stomach and

                   thrown him on the bank of the canal and, thereafter, fled away

                   from there.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence as alleged

                   against him and has falsely been implicated in the present case

                   merely on the basis of suspicion. He further submitted that co-
Patna High Court CR. MISC. No.88781 of 2025(3) dt.26-02-2026
                                            2/3




          accused Samir Khan stabbed him. The informant is not the eye-

          witness to the alleged occurrence. He further submits that there

          is delay of one day in lodging the F.I.R. that too without there

          being any plausible explanation for the same which creates

          doubt in the veracity of the prosecution case. In course of

          investigation, nothing adverse has come against the petitioner

          showing his complicity in the alleged occurrence. Charge-sheet

          has been submitted in this case. The petitioner has no concern

          with the alleged occurrence. Learned counsel for the petitioner

          further submits that other co-accused has been granted bail by

          this Bench vide order dated 16.10.2025 passed in Cr. Misc. No.

          72796 of 2025. The petitioner has no criminal antecedent and is

          languishing in judicial custody since 03.09.2025 without any

          rhymes or reason.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                       6. Having heard rival contention of both the parties

          and considering the entire facts and circumstances of the case,

          the period of custody of the petitioner, the petitioner having no

          criminal antecedent as also there being no specific or direct

          allegation of assault against the petitioner, let the petitioner

          abovenamed, be released on bail on furnishing bail bonds of
           Patna High Court CR. MISC. No.88781 of 2025(3) dt.26-02-2026
                                                       3/3




                     Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Malahi P.S. Case No. 135 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.