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Patna High Court

Indrajeet Sahani @ Chaneshwar SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted because the petitioner was not specifically alleged to have committed any assault or firing, only to have been present at the incident.

Summary

The petitioner, Indrajeet Sahani, sought anticipatory bail after a FIR alleged that he was present at a party where a dispute led Ranjit Yadav to order a shooting by Sonu Manjhi, resulting in the death of the victim. The FIR named eight persons, including the petitioner, but specifically implicated only Ranjit Yadav and Sonu Manjhi for firing. The petitioner argued that there was no direct allegation of his involvement in the assault or firing. The State opposed the bail on the basis of the FIR allegations. The Court, noting the absence of any specific charge against the petitioner beyond his presence, granted anticipatory bail subject to a bond, sureties, and cooperation with the investigation.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is merely named in the FIR without specific allegation of participation in the offence.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • presence in FIR
  • no specific allegation
  • bail conditions
  • arms act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90185 of 2025
                        Arising Out of PS. Case No.-116 Year-2025 Thana- ASANWA District- Siwan
                 ======================================================
                 Indrajeet Sahani @ Chaneshwar Sahani S/O Ramesh Sahani R/O Village-
                 Singhpur, Kashila, Pachbenian, P.S- Asaon, Distt.- Siwan- 841287, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Navin Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023

                   and Section 27 of the Arms Act, 1959.

                                3. The allegation in the First Information Report is

                   that all the accused persons including the present petitioner were

                   participating in a party where on account of some dispute

                   having taken place between the young boys, on the order of

                   Ranjit Yadav to fire at the deceased, Sonu Manjhi opened fire at

                   the deceased hitting him in the ear.

                                4. Learned counsel for the petitioner submits that it

                   would be apparent from the First Information Report itself that
Patna High Court CR. MISC. No.90185 of 2025(2) dt.15-01-2026
                                            2/3




          the petitioner is one of the eight named persons in the First

          Information Report, who were present at the party being

          celebrated amongst the young boys but so far as the allegation

          of exhorting and opening fire is concerned, the same is specific

          against Ranjit Yadav and Sonu Manjhi and there is no specific

          imputation against the present petitioner. It is subsequently

          noticed that the informant who was being treated in hospital

          succumbed to the injuries and died subsequently during the

          course of treatment, however, the petitioner is no way

          responsible for the death of the deceased.

                       5. Learned APP for the State opposed the prayer for

          anticipatory bail on the basis of allegations made in the First

          Information Report.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and considering the fact that there is no specific

          allegation against the petitioner of either having caused any kind

          of assault or of opening fire at the deceased and the allegation

          against him being confined only to his presence in the party, let

          the above named petitioner, be released on bail, in the event of

          his arrest or surrender before the learned Court below within a

          period of four weeks from today, on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like
              Patna High Court CR. MISC. No.90185 of 2025(2) dt.15-01-2026
                                                          3/3




                        amount each to the satisfaction of the learned Court below

                        where the case is pending/successor Court in connection with

                        Asaon P.S. Case No. 116 of 2025, subject to the condition as

                        laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)

                        of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,

                        subject to further condition(s):

                                                                (i) One of the bailors will be his
                                                own blood relative, preferably, father.
                                                                (ii) The petitioner shall co-
                                                operate with the investigation, if not already
                                                concluded and make himself available and
                                                when so required, failing which the prosecution
                                                will be at liberty to move cancellation of his
                                                bail bond.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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