Jiyalal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86243 of 2025 Arising Out of PS. Case No.-311 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Jiyalal Sahani S/o Late Asarfi Sahani Resident of 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. Sanjay Kumar Tiwari , Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2025 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 . As per F.I.R. on 26.06.2025 , the informant was constructing his house , in the meanwhile , this petitioner along with others being armed with weapon arrived there. It is alleged
Patna High Court CR. MISC. No.86243 of 2025(2) dt.17-12-2025 2/3 that Shivraj Sahani, Nawal Sahani, Sikandar Sahani and Praveen Sahani fired on the son of the informant, namely, Ajay Sahani due to which he sustained gun shot injuries and died.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. Though, petitioner is named in the F.I.R. but there is no specific allegation of any overt act is against him. It is further submitted that this case is a counter version of a case filed by one Nawal Sahani which is Pakaridayal P.S. Case No. 313 of 2025. Allegation is general and omnibus against this petitioner. Petitioner claims clean antecedent and is in custody since 28.06.2025 . Similarly situated co-accused person has already been granted bail by co-ordinate Bench of this Court vide order dated 08.10.2025 in Cr. Misc. No. 69834 of 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
Patna High Court CR. MISC. No.86243 of 2025(2) dt.17-12-2025 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate Motihari, East Champaran . (Prabhat Kumar Singh, J) Koushik/- U T