Nawal Kishore Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10151 of 2026 Arising Out of PS. Case No.-311 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Nawal Kishore Sahani Son of Rajmangal Sahani R/o Village- Banarjhula Bhagwanpur, P.S.- Pakaridayal, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 191(2), 191(3), 190, 329(3), 126(2), 115(2), 118(1), 109, 103(1), 125(b) and 117(2) of B.N.S. and Section 27 of the Arms Act.

3. The case of the prosecution is that the informant was constructing his house, in the meanwhile, this petitioner along with others being armed with weapon arrived there. It is alleged that Shivraj Sahani, Nawal Sahani(petitioner), Sikandar Sahani and Praveen Sahani fired on the son of the informant, namely, Ajay Sahani due to which he sustained gun shot injuries and has died.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.10151 of 2026(2) dt.09-02-2026 2/2 falsely been implicated in this case. It has further been submitted that this case is a counter version of a case filed by the petitioner which is Pakaridayal P.S. Case No. 313 of 2025. Learned counsel for the petitioner has further submitted that the date and time of occurrence of the present case is 26.06.2025 at 05:30 P.M. and date and time of occurrence of counter case is 26.06.2025 at 05:00 P.M. This shows that the prosecution party of the present case was aggressor. Moreover, the petitioner is languishing in judicial custody since 28.06.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pakaridayal P.S. Case No. 311 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XVI, Motihari, East Champaran.

(Ashok Kumar Pandey, J) durgesh/- U T