Patna High Court
Indrajeet Sahani @ Chaneshwar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Arms Act, 1959 — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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