Patna High Court
Harihar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted bail to the petitioner on furnishing a bail bond of Rs.10,000 with two sureties.
Summary
Harihar Sahani was charged under multiple sections of the IPC, the Arms Act, the Explosive Substances Act and the CLA Act for alleged Maoist‑related offences, including murder, rioting, robbery and bomb blasts. He had been in custody since 30 January 2024 and his earlier bail application was rejected, though the court had allowed him to renew the prayer after six months. The petitioner argued that he was falsely implicated and had cooperated with the trial. The State opposed bail on the ground of the seriousness of the offences. Considering the allegations, the earlier order permitting renewal, and the fact that the petitioner had been detained for over two years, the High Court ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Sessions Judge.
Issues considered
- Whether bail should be granted to an accused facing multiple serious charges under the IPC, Arms Act, Explosive Substances Act and CLA Act.
- Whether the duration of pre‑trial detention (over two years) warrants the grant of bail.
- Whether the earlier order allowing renewal of bail after six months applies to the present application.
Legislation cited
- Arms Act — s. 27
- C.L.A. Act — s. 17, 18
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 147, 148, 149, 307, 323, 379, 387, 427, 436, 504
Subjects
- bail
- pre‑trial detention
- IPC
- Arms Act
- Explosive Substances Act
- CLA Act
- Maoist
- false implication
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9778 of 2026
Arising Out of PS. Case No.-110 Year-2014 Thana- PANAPUR District- Saran
======================================================
Harihar Sahani Son of Late Hawaldar Sahani Resident of Village- Marwa
Basahiya, P.S.- Panapur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Prasad Singh, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 13-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of
bail in connection with Sessions Trial no.415 of 2024, arising
out of Panapur P.S. Case no.110 of 2014 registered under
sections 307, 147, 148, 149, 323, 379, 436, 387, 504 and 427 of
the Indian Penal Code, section 27 of the Arms Act, sections 3/4
of the Explosive Substances Act and sections 17 and 18 of the
C.L.A. Act.
3. As per the prosecution case, demand of Rs.1.5
lacs was made by the accused persons who are said to be
maoists and on the same not being met, it is stated that the
accused persons put the JCB on fire and destroyed the chimney
by carrying out bomb blasts. They were raising slogans in
support of the organisation.
Patna High Court CR. MISC. No.9778 of 2026(2) dt.13-02-2026
2/2
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the case. The earlier
application for bail of the petitioner was rejected vide order
dated 25.11.2024 passed in Cr. Misc. no.68345 of 2024 giving
liberty to the petitioner to renew his prayer for bail after six
months. It has been more than 1 year 2 months since the said
order. The petitioner has remained in custody since 30.1.2024
and undertakes to cooperate in the trial.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the liberty granted in the earlier order of rejection dated
25.11.2024 and the petitioner having remained in custody for
over 2 years since 30.1.2024, the Court directs the petitioner to
be enlarged on bail in connection with Sessions Trial no.415 of
2024, arising out of Panapur P.S. Case no.110 of 2014 on
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge XI, Chapra at Saran.
(Partha Sarthy, J)
Saurabh/-
U T
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