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Patna High Court

Dilip Sahani @ Nitesh Ji @ Dilip Kumar SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail is granted to the petitioner with conditions of a Rs 10,000 bond, two sureties, and mandatory appearance at all trial dates.

Summary

The Patna High Court considered a bail application filed by Dilip Sahani, who was arrested in connection with a 2017 case involving alleged offences under the Indian Penal Code (sections 121, 121(a), 120(b)), the Arms Act, the Explosive Act and the Unlawful Activities (Prevention) Act. The prosecution alleged that live detonators were recovered from certain persons and that the petitioner was implicated, while the petitioner claimed innocence and pointed out that co‑accused had already been granted bail in earlier proceedings. The State opposed bail, citing the petitioner’s alleged criminal antecedent of seven cases. After hearing both sides, the Court, noting the petitioner’s prolonged judicial custody since March 2025 and the lack of evidence directly linking him to the explosives, ordered that bail be granted subject to a bond of Rs 10,000 with two sureties and a condition to cooperate with the trial and appear at every hearing. The bail order was directed to be satisfied before the Principal District & Sessions Judge, Muzaffarpur, in the related UAPA case.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the charges under IPC, Arms Act, Explosive Act and UAPA.
  • Whether the petitioner’s alleged criminal antecedent warrants denial of bail.
  • Whether the bail granted to co‑accused in related cases influences the petitioner’s bail application.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • Explosive Act
  • UAPA
  • judicial custody
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89829 of 2025
                    Arising Out of PS. Case No.-340 Year-2017 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Dilip Sahani @ Nitesh Ji @ Dilip Kumar Sahani S/o- Late Shivnandan Sahni
                 Village- Kajipur Thathan PS- Hajipur Sadar District- Vaishli

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vasant Vikas, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-01-2026                     Heard Mr. Vasant Vikas, learned counsel for the

                   petitioner and Mr. Binod Kumar, learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Meenapur P.S. Case No. 340 of 2017 registered for the

                   offence punishable under Sections 121, 121(a), 120(b) of the

                   Indian Penal Code, Sections 25(1-B)(a), 25(1-AA), 25(1-AAA),

                   26, 35 of the Arms Act, Sections 3, 4 and 5 of the Explosive Act

                   and Sections 16, 18, 18(a), 18(b), 19 and 20 of the Unlawful

                   (Activities) Prevention Act (U.A.P. Act).

                                3. The case of the prosecution in short is that four live

                   detonators were recovered from the possession of certain

                   persons and some other articles from rest other accused persons.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.89829 of 2025(2) dt.15-01-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that four

          persons were apprehended by the police and explosive were

          recovered from their possession. They have disclosed the name

          of this petitioner and others. It has also been submitted that

          those apprehended persons have already been granted bail by

          the learned co-ordinate Bench of this Court passed in Cr. Misc.

          No. 3812 of 2018, Cr. Misc. No. 11282 of 2018, Cr. Misc. No.

          48772 of 2018 and Cr. Misc. No. 27552 of 2020. The case of

          this petitioner stands of better footing. Moreover, the petitioner

          is languishing in judicial custody since 06.03.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of seven cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail with the condition

          that the petitioner shall cooperate in the stage of trial and

          shall remain physically present on each and every date fixed

          in the learned trial court, till the disposal of the case. The

          above named petitioner is directed to be enlarged on bail on

          furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
           Patna High Court CR. MISC. No.89829 of 2025(2) dt.15-01-2026
                                                       3/3




                     with two sureties of the like amount each to the satisfaction of

                     the learned Principal District & Sessions Judge, Muzaffarpur in

                     connection with UAP Case No. 01 of 2024 arising out of

                     Meenapur P.S. Case No. 340 of 2017.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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