Amarjit Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19526 of 2026 Arising Out of PS. Case No.-195 Year-2025 Thana- NAYAGAON District- Saran ====================================================== 1.
Jitendra Sahani, S/o- Dhurendra Sahani @ Dhurandhar Sahani, resident of Village- Shobhepur Ps- Nayagaon District- Saran at Chapra 2.
Rajiv Kumar @ Praduman Sahani, S/o- Raja Sahni @ Raja Sahani, resident of Village- Shobhepur Ps- Nayagaon District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21071 of 2026 Arising Out of PS. Case No.-195 Year-2025 Thana- NAYAGAON District- Saran ====================================================== Amarjit Sahani, S/o Uttim Sahani, R/o Village- Shobhepur, P.S.- Nayagaon, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 19526 of 2026) For the Petitioner/s :
Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP For the Informant :
Mr. Bhubneshwar Mahto, Advocate Mr. Amit Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 21071 of 2026) For the Petitioner/s :
Mr. Chandra Mohan Jha, APP For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP For the Informant :
Mr. Bhubneshwar Mahto, Advocate Mr. Amit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-05-2026 Since both the bail applications arise out of same P.S. case number, the same are being heard together and disposed of by this common order for the convenience of the Court.
2. Heard learned counsel for the petitioners, learned
2/4 A.P.P. for the State and learned counsel for the informant.
3. The petitioners seek bail in connection with Nayagaon P.S. Case No. 195 of 2025 dated 17.10.2025 instituted for the offence punishable under Sections 137(2), 140(3), 3(5), 103(1), 238, 61(2) of the Bhartiya Nyaya Sanhita.
4. The prosecution case, in short, is that the husband of the informant along with other accused persons including the petitioners went for catching fish by boat. On 16.10.2025, the informant asked the boat owner, namely, Shayam Babu Sahani about her husband, but he did not reply satisfactorily. It is alleged that either all accused persons made her husband disappeared or her husband has been killed by them.
5. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. Learned counsel for the petitioners further submits that during course of investigation, the police arrested one Amarjit Sahni merely on suspicion, who confessed and disclosed the names of the associates / close persons including the petitioners. It is further submitted that except confessional statement, no material is available on record to connect the petitioners with the said crime. No incriminating articles has been recovered from the house of the petitioners. There is no
3/4 eye witness to the occurrence. Lastly, it has been submitted that the petitioners, namely, Jitendra Sahni & Rajiv Kumar @ Praduman Sahani (Criminal Miscellaneous No. 19526 of 2026) are in custody since 24.01.2026 having one criminal cases against them. Petitioner, namely, Amarjit Sahni (Criminal Miscellaneous No. 21071 of 2026) is also in custody since 18.10.2025 having one criminal case against him. Charge-sheet has been submitted in the cases.
6. On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioners and submitted that all the accused persons including the petitioners committed the said crime and concealed the body of the deceased. It is further submitted that from the confessional statement of co-accused Amarjit Sahni, it is apparent that all the accused persons including the petitioners are involved in committing this crime.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties and also considering the fact that except confessional statement, no material has come against the petitioners during investigation, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., First Class, Saran at
4/4 Chapra in connection with Nayagaon P.S. Case No. 195 of 2025. (Khatim Reza, J) premchand/- U T