Krishna Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81732 of 2025 Arising Out of PS. Case No.-151 Year-2025 Thana- Raghunathpur District- East Champaran ====================================================== Krishna Sahani S/o Late Lal Bahadur Sahani Resident of Village - Sapahi Jatwa, P.S - Raghunathpur, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2026 Heard Mr. Dhurendra Kumar, learned counsel for the petitioner and Mr. Shyameshwar Dayal, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 12.06.2025 in connection with Raghunathpur P.S. Case No. 151 of 2025, F.I.R. dated 06.06.2025 for the offences punishable under Sections 103(1), 3(5), 61(2) and 238 of the B.N.S, 2023.
3. According to prosecution case, this petitioner along with other accused persons assaulted and killed the son of the informant by administering poison.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. From perusal of the F.I.R., it
Patna High Court CR. MISC. No.81732 of 2025(3) dt.27-01-2026 2/3 appears that the date of occurrence is 04.06.2025 but the present F.I.R. has been instituted on 06.06.2025 i.e., after delay of 2 days without giving any explanation of the said delay. Except the aforesaid, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. He further submits that the postmortem report reveals that the deceased died due to drowning and the police have recovered the dead body from the bank of Dhobi river. The petitioner has been made accused merely on the ground that he is cousin father-in-law of the deceased. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 12.06.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.81732 of 2025(3) dt.27-01-2026 3/3 Magistrate, East Champaran, Motihari in connection with Raghunathpur P.S. Case No. 151 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 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.
(Rajesh Kumar Verma, J) Vanisha/- U T