Patna High Court - Orders
Shri Sahani vs The State Of Bihar on 6 May, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28516 of 2026
Arising Out of PS. Case No.-296 Year-2023 Thana- PAKRIDAYAL District- East Champaran
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Shri Sahani S/o- Rijhan Sahani Village- Banajhula PS-Pakaridayal Distt- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Usha Kumari, Adv.
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
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CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 06-05-2026Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a connection with Pakaridayal P.S. Case No. 296 of 2023/ G.R. No. 8078 of 2023 registered for the offences punishable under Sections 147, 148,149, 341, 447, 302, 323, 325, 504, 506 of the Indian Penal Code.
3. As per the prosecution case, as many as 10 persons have been named in the FIR and there is an allegation that they all came variously armed with lathi danda, etc. and assaulted the brother of the informant who became very seriously injured, whereafter, he was taken for treatment and he died during course of his treatment at PMCH.
4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.28516 of 2026(2) dt.06-05-2026 2/3 the FIR itself would make it clear that there is general and omnibus allegation on ten (10) accused persons including the petitioner and the case was lodged after a substantial and unexplained delay of about nine days as the occurrence is said to have taken place on 19.12.2023 and the present FIR was lodged on 28.12.2023, after the death of the deceased on 26.12.2023. The FIR also indicates land dispute as there is a reference to Section 144 Cr.PC. proceedings in the FIR itself. It would appear from a perusal of the inquest report as also the postmortem report that no external injury could be seen or detected on the dead body of the deceased. The other injury reports issued by the treating doctors also do not indicate any injury on the person of the deceased except for some pain in the abdomen. There is no specific allegation on anyone. Although the petitioner has been made accused in one another case of similar nature but he is on bail in that case. Moreover, the co-accused, namely, Rajkali Devi and Suratiya Devi along with Rijhan Sahani having more or less similar allegations have already been granted bail by different co-ordinate Benches of this Court vide order dated 13.08.2024 and 27.06.2025 in Cr. Misc. No. 29021 of 2024 and Cr. Misc. No. 90231 of 2024, respectively. The Patna High Court CR. MISC. No.28516 of 2026(2) dt.06-05-2026 3/3 petitioner has been languishing in judicial custody since 13.05.2025.
5. Learned APP for the State and learned counsel for the informant, however, oppose the prayer for bail on the ground that there is involvement of the petitioner in the death of the deceased.
6. Heard the parties and perused the materials available on record.
7. Considering the facts and circumstances of the case and the co-accused having similar allegations have been granted bail by different co-ordinate Benches of this Court, let the, above named, petitioner 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Pakaridayal P.S. Case No. 296 of 2026/ G.R. No. 8078 of 2023.
(Praveen Kumar, J) brajesh/-
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