Vakil Sahni @ Veyas Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14867 of 2025 Arising Out of PS. Case No.-265 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== VAKIL SAHNI @ VEYAS SAHNI S/O MANGARU SAHNI VILLAGEDAKSHIN TELUA, POLICE STATION- NAUTAN, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in a case instituted for the offence under Sections 140(1) and 3(5) of Bhartiya Nyay Sanhita (BNS), 2023 to which Sections 103(1) and 238 of BNS were added subsequently.
3. As per the FIR, the allegation against the petitioner is that co-accused Nitish Kumar @ Rohit Sahani had called the victim to his house on the occasion of the marriage and all the accused persons including this petitioner had asked the victim to transfer the land in the name of Nitish Kumar, thereafter, the victim went missing and subsequently four days of the institution of the FIR, his dead body was recovered.
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4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on suspicion. Learned counsel for the petitioner further submits that barring the same there is nothing on record to connect the petitioner with the alleged crime even if the statement of the co-accused is taking into account. It is also submitted by learned counsel for the petitioner that the similarly situated co-accused persons have also been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 14.02.2025 passed in Cr. Misc. No. 87186 of 2024 and the order dated 30.04.2025 passed in Cr. Misc. No. 22548 of 2025. It is lastly submitted by learned counsel for the petitioner that the petitioner has clean antecedent.
5. Learned Additional Public Prosecutor for the State vehemently opposed the prayer for bail of the petitioner and has submitted that the petitioner along with other co-accused persons were involved in killing of the victim.
6. Considering the aforesaid submissions of respective counsel and taking into account that barring suspicion there is nothing against the petitioner and also the petitioner has clean antecedent, let the petitioner, above named, be enlarged on bail, in the event of his arrest or surrender before
3/4 the Court below within a period of six weeks upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending /concerned court, in connection with Nautan P.S. Case No. 265 of 2024 subject to the conditions as laid down under Section 482(2) B.N.S.S., 2023 and on the following conditions :
a. If the petitioner is found to have to influence the witness or the informant or his family member, the prosecution shall be at liberty to move the learned court below for cancellation of his bail.
b. One of the bailors of the petitioner shall be her close relative.
c. The petitioner shall remain physically present in Court on each date of the trial.
d. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
e. 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
4/4 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.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Prakash/- U