Patna High Court
Happy Sahani @ Happy KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with a bond of Rs.10,000 and specific conditions.
Summary
Happy Sahani was arrested on 25 September 2025 in connection with a police case alleging that he fired a firearm, though no one was injured. He contended that the FIR was fabricated and that he had not committed any offence. The State opposed bail, pointing to the direct allegation in the FIR and noting that the petitioner had two other pending cases, though he was on bail in those. The court examined the allegations, the lack of injury, and the petitioner's claim of falsity, and considered the State's objections. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, and non‑tampering with evidence, and ordered verification of his criminal antecedents. The bail order was made without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite the allegations of firing a firearm and the existence of other pending cases.
Legislation cited
- BNS, 2023 — s. 109(1), 115(2), 117(2), 118(1), 118(2), 126(2), 3(5), 351(3)
Subjects
- bail
- criminal procedure
- firearm offence
- false FIR
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90306 of 2025
Arising Out of PS. Case No.-114 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
Happy Sahani @ Happy Kumar S/O Ashok Sahani R/O Village- Beltola, P.S-
Sugauli, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr.Abhishek Kumar, learned counsel for the
petitioner and Mr.Rajendra Prasad Nat, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
25.09.2025 in connection with Lakhaura P.S. Case No.114 of
2025, dated 25.04.2025 registered for the offences punishable
under Sections 126(2), 115(2), 118(1), 117(2), 118(2), 109(1),
351(3), 3(5) of BNS, 2023.
3. Allegation against the petitioner is that he fired by
his firearms but no one has received any injury.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Although there is general and omnibus
Patna High Court CR. MISC. No.90306 of 2025(2) dt.15-01-2026
2/3
allegation against all the accused persons including the
petitioner that they have assaulted to the informant and his wife
and allegation against the petitioner is that he fired by his
firearms. Learned counsel for the petitioner submits that there
there is specific allegation of firing attributed against the
petitioner but no one has received any injury and all the injury
inflicted upon the injured person caused by other co-accused
persons. The police, after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
25.09.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that there is direct
allegation against the petitioner in the FIR and he carries two
more cases other than the present one but fairly submits that the
petitioner is on bail in both the cases, as mentioned in para-3 of
the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Motihari East
Champaran in connection with Lakhaura P.S. Case No.114 of
2025,with the following conditions:-
Patna High Court CR. MISC. No.90306 of 2025(2) dt.15-01-2026
3/3
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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