Raju Sahni @ Abhinash Kumar @ Avinash Kumar Vs The state of… — Anticipatory Bail | Patna HC (2026)

Raju Sahni @ Abhinash Kumar @ Avinash Kumar Vs The state of… — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: release on arrest or surrender within four weeks upon bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Darbhanga, subject to Section 438(2) Cr.P.C./482(2) BNSS conditions, and subject to automatic forfeiture of the order if antecedent verification discloses involvement in other cases contrary to Para 3 of the bail petition.

Issue for consideration

Whether the petitioner, sought to be implicated in Hayaghat P.S. Case No. 133 of 2024 registered for offences 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, is entitled to pre-arrest bail.

Court's answer

On perusal of the F.I.R. and the case diary, pre-arrest bail was found warranted because arms and ammunition were recovered from the possession of co-accused Lalan Ram and not from the possession of the petitioner, who denies any relationship with the co-accused Lalan Ram or with the informant.

Ratio / Principle

The petitioner 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, 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 conditions laid down under Section 438(2) Cr.P.C. / 482(2) BNSS.

Key takeaways

The bail order is conditional on verification of antecedents: the District Court is directed to verify the criminal antecedent of the petitioner, and if he is found involved in some other cases inconsistent with what was stated in Para 3 of the bail petition, the order will automatically lose its force.ratio¶23

Detailed headnote1 paragraphs

Anticipatory (pre-arrest) bail granted — Patna High Court, Crl. Misc. No. 24166 of 2026, order dated 14-07-2026 (Purnendu Singh, J.). The applicant sought pre-arrest bail in Hayaghat P.S. Case No. 133 of 2024 (District Darbhanga), registered 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, on allegations that the accused persons pushed the informant, opened fire in air and threatened dire consequences, with one live and two empty cartridges recovered from the spot. Counsel for the applicant submitted he was innocent, not named in the F.I.R., his name having surfaced through the confessional statement of co-accused Lalan Ram, with no recovery from him. Granting bail, the Court observed that the arms and ammunition were recovered from the possession of co-accused Lalan Ram and not from the petitioner, who denies any relationship with the co-accused or the informant. Release was ordered on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two like sureties before learned ACJM-VI, Darbhanga, subject to Section 438(2) Cr.P.C./482(2) BNSS conditions, with a further direction to the District Court to verify antecedents — failure of which, if other involvements surface contrary to Para 3 of the bail petition, causes the order to automatically lose its force.

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

3 14-07-2026

Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

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.

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.

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.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

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.

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.

The bail application stands disposed of.

(Purnendu Singh, J)

mantreshwar/-

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