Rakesh Sahani @ Rakesh Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17435 of 2026 Arising Out of PS. Case No.-294 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Rakesh Sahani @ Rakesh Kumar Sahni S/O Vishwanath Sahani Resident of Village- Kansh Pakari, P.S- Madhuban, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Madhuban P.S. Case No. 294 of 2024, instituted under Sections 109, 352, 3(5) of the B.N.S. and Section 27 of Arms Act.
3. As per the prosecution case, on 14.07.2024 when the informant and his son were busy in welcoming the Barat coming in his Pattidar's house, one Rakesh Sahni called the informant's son and went towards North side. Informant also went there. When they reached near a Pulia, two persons, namely, Raja Sahani and Hardeo Sahani came there and started abusing the informant's son. It is alleged that co-accused Raja Sahani fired on the son of informant due to which he sustained
Patna High Court CR. MISC. No.17435 of 2026(3) dt.07-05-2026 2/3 gunshot injury on his stomach and fell down on the ground.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. For the same occurrence which was taken place on 14.07.2024, another F.I.R. bearing Madhuban P.S. Case No. 290 of 2024 dated 15.07.2024 was lodged in which petitioner was not named as accused. It is further submitted that this F.I.R. has been lodged after four days of the occurrence levelling allegation that petitioner had taken away the victim. There is no specific allegation of firing against the petitioner. It is submitted that even the informant of this case has not named the petitioner in his re-statement. Specific allegation of firing is against co-accused Raja Sahani. Petitioner has no criminal antecedent. Petitioner undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case, submission of learned counsel for the parties and nature of allegation, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand)
Patna High Court CR. MISC. No.17435 of 2026(3) dt.07-05-2026 3/3 with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East Champaran in connection with Madhuban P.S. Case No. 294 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J) rakhi/- U T