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Patna High Court - Orders

Sanjay Sahani @ Sanjay Kumar Sahni vs The State Of Bihar on 25 March, 2026

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3804 of 2026
                    Arising Out of PS. Case No.-44 Year-2025 Thana- Bhopatpur District- East Champaran
                 ======================================================
           1.     Sanjay Sahani @ Sanjay Kumar Sahni S/o Manejar Sahani R/o Village -
                  Rojagadh, P.S- Bhopatpur, District - East Champaran
           2.    Uday Kumar S/o Paras Sahani @ Paras Sahni R/o Village - Rojagadh, P.S-
                 Bhopatpur, District - East Champaran
           3.    Kundan Kumar S/o Fulena Sahani R/o Village - Rojagadh, P.S- Bhopatpur,
                 District - East Champaran

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Bihar
           2.    X D/o X R/o Village - Bhopatpur Baghia Malahi Tola, P.S - Bhopatpur,
                 District - East Champaran (Motihari)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Kumar Tiwari, Advocate
                 For the Opposite Party/s :        Mr.Mohammed Arif, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   25-03-2026

Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 96 and 70(2) of the Bharatiya Nyaya Sanhita, 2023 and sections 4/6 of the POCSO Act.

3. As per the prosecution case, petitioners kidnapped the informant by gagging her mouth. Thereafter, all the accused persons sexually assaulted her by disrobing and touching her body parts.

4. Learned counsel appearing for the petitioners Patna High Court CR. MISC. No.3804 of 2026(3) dt.25-03-2026 2/2 submits that the petitioners are innocent and have falsely been implicated in this case. F.I.R. has been lodged after inordinate delay of seven months without any explanation which renders the entire prosecution case doubtful. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for bail. The victim in her statement recorded under section 183 Bharatiya Nagarik Suraksha Sanhita, 2023 has supported the prosecution case.

6. Considering the nature and gravity of accusation and aforesaid statement of the victim, prayer for bail of these petitioners is rejected.




                                             (Prabhat Kumar Singh, J)
Shashi

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