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Patna High Court

Mukesh SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, directing release on bond subject to conditions under Section 482(2) CrPC.

Summary

Mukesh Sahani applied for anticipatory bail in a case involving multiple serious offences under the Indian Penal Code and the Arms Act. The FIR alleged that two persons, Pankaj and Bhutkun, were killed in an altercation, with the petitioner purportedly shooting Bhutkun. The petitioner’s counsel argued that the informant was not an eye‑witness, the allegations were based on suspicion, and the petitioner has a clean antecedent. The State opposed the bail. The High Court examined the credibility of the informant’s statement and the petitioner’s background, and held that the allegations did not justify denial of bail. Consequently, the court granted anticipatory bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under Sections 341, 323, 147, 148, 149, 302, 304, 120B, 504, 506 IPC and Sections 25(1‑B)(a), 26, 27 Arms Act.
  • Whether the lack of an eye‑witness and reliance on suspicion is sufficient to deny bail.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC offences
  • Arms Act
  • Section 482 CrPC
  • clean antecedent
  • suspicion
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9135 of 2026
                      Arising Out of PS. Case No.-471 Year-2022 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Mukesh Sahani S/O Babulal Sahani R/O Village- Basantpur, P.S- Paroo,
                 Distt.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Prasoon Kumar
                 For the Opposite Party/s :        Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 341, 323, 147, 148, 149, 302, 304, 120B, 504 and 506

                   of the Indian Penal Code and Sections 25(1-B)a, 26 and 27 of

                   the Arms Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that two dead bodies were recovered and the

                   same was identified as that of Pankaj and Bhutkun. Further

                   body of Pankaj had firearm injury and a pistol was lying near

                   the two dead bodies. It is next alleged that he came to know that

                   Pankaj, Bhutkun along with Ranjit were returning home after a
Patna High Court CR. MISC. No.9135 of 2026(2) dt.10-02-2026
                                            2/3




          liquor party, when on the way there was an altercation amongst

          the three and Bhutkun with his pistol shot Pankaj dead and in

          the meantime, nearby people gathered along with petitioner who

          shot Bhutkun to dead.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case. It is

          next submitted that from perusal of the allegation as alleged in

          the FIR, it would manifest that informant, who is a Chaukidar,

          alleges that two dead bodies were found lying at the place of

          occurrence and he came to know later that Pankaj, Bhutkun

          along with Ranjit were returning after a liquor party and on

          account of an altercation amongst them, Bhutkun shot Pankaj

          thereafter people gathered and they along with Ranjit assaulted

          Bhutkun to death. The learned counsel for the petitioner submits

          that informant is not an eye witness to the occurrence nor he has

          disclosed that who saw the occurrence or the petitioner

          assaulting Bhutkun. It is next submitted that the entire allegation

          hinges around suspicion and even presuming what has been

          alleged is true without admitting, then it is not the case of the

          prosecution that it was only petitioner who along with Ranjit

          assaulted Bhutkun to death as it has been alleged that nearby

          people gathered who assaulted Bhutkun. It is thus reiterated and
               Patna High Court CR. MISC. No.9135 of 2026(2) dt.10-02-2026
                                                           3/3




                         submitted that when informant is not an eye witness to the

                         occurrence, as such, the entire allegation hinges around

                         suspicion when petitioner admittedly is a person with clean

                         antecedent.

                                      5. Learned A.P.P. opposes the anticipatory bail

                         application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner, above-named, in the

                         event of his arrest or surrender within a period of six weeks, is

                         directed to be released on bail on his furnishing bail-bonds in

                         the sum of Rs. 10,000/- (Rupees Ten Thousand) with two

                         sureties of the like amount each to the satisfaction of the learned

                         Trial Court where the case is pending/successor Court in

                         connection with Paroo P. S. Case No.471 of 2022, subject to the

                         conditions laid down under Section 482(2) of the B.N.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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