Raju Sahni @ Abhinash Kumar @ Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24166 of 2026 Arising Out of PS. Case No.-133 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== Raju Sahni @ Abhinash Kumar @ Avinash Kumar S/O Dinesh Sahni Resident of Village- Jagdishpur, P.S.- Kalyanpur, Dist- Samastipur ... ... Petitioner/s
Versus
The state of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurav Anand, Advocate.
For the Opposite Party/s :
Mrs.Renu Kumari, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Hayaghat P.S. Case No. 133 of 2024 registered for the offence punishable under Sections 126(2), 115(2), 351(2) and 3(5) of the BNS and Sections 25(1-B)a and 27 of the Arms Act.
3. As per the allegation made in the F.I.R., the accused persons including the petitioner is said to have pushed the informant and opened fire in air and threatened the informant of dire consequences. It is further alleged that one live cartridge and two empty cartridges were recovered from the place of occurrence.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has
Patna High Court CR. MISC. No.24166 of 2026(3) dt.14-07-2026 2/3 falsely been implicated in the case due to enmity. He is not named in the F.I.R. His name has surfaced in the case on the basis of confessional statement of co-accused Lalan Ram who was apprehended in course of investigation. Petitioner has clean antecedent. In absence of any over act and recovery of any arms and ammunition from the possession of the petitioner, no case is made out against the petitioner.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the F.I.R. and the case diary, arms and ammunition were recovered from the possession of the co-accused Lalan Ram and not from the possession of the petitioner and at the same time the petitioner denies any relationship with the co-accused Lalan Ram or with the informant, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Darbhanga in connection with Hayaghat P.S. Case No. 133 of 2024, subject to the condition as
Patna High Court CR. MISC. No.24166 of 2026(3) dt.14-07-2026 3/3 laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T