Patna High Court
CHUNNU SAHANI @ CHUNU KUMAR SAHANIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner, subject to a cash bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Chunnu Sahani, was named in an FIR alleging participation in a large‑scale robbery, arson and assault allegedly orchestrated by a relative over a land dispute. He contended that the FIR was lodged after an unjustified four‑day delay, lacked an injury report, and that the allegations against him were vague and motivated by the dispute. The petitioner highlighted that co‑accused persons had already been granted anticipatory bail and that he had no prior criminal record, offering to cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offences listed under the Bharatiya Nyaya Sanhita. After weighing the submissions, the court found the accusations insufficiently specific and, noting the petitioner’s clean record, ordered his release on bail subject to a bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita provisions.
- Whether the allegations against the petitioner are sufficiently specific to deny bail.
- Whether the petitioner poses a risk of absconding, tampering with evidence or influencing witnesses.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita applies to the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 190, 191(2)(3), 303(2), 324(2), 326(g), 351(2)(3), 352
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- land dispute
- false implication
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77940 of 2025
Arising Out of PS. Case No.-182 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
Chunnu Sahani @ Chunu Kumar Sahani S/O Rup Lal Sahani @ Ruplal
Sahani R/o Village- Ward No.13, Chailaha Tal, P.S- Banjaria, Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in a case registered
under Sections 190, 191(2)(3), 115(2), 118(1), 303(2), 324(2),
326(g), 352, 351(2)(3) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 22-7-2024 at 7 PM,
informant heard hulla, accordingly came out of the house and
saw the named accused persons including the petitioner along
with 200 unknown accused persons, on orders of Bhagirath,
accused persons entered the shop and looted articles worth Rs.
50 lakh and even assaulted her father-in-law, further Ajay,
Sonalal and Pradip entered her house and took ornaments worth
Rs. 7 lakh along with LIC policy, while Prabhu, Jay Prakash,
Patna High Court CR. MISC. No.77940 of 2025(3) dt.11-02-2026
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Shatrughan, Sunil and Suresh looted four laptops and pen-drive
worth Rs. 2 lakh and the accused persons set the shop on fire
causing loss of Rs. 1 crore and also set ablaze 5 motorcycles. It
is next alleged that there is a land dispute with her cousin father-
in-law, Raj Kumar, and the occurrence was committed at his
behest.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case due to land dispute. Further submission is that there
is case and counter case between the parties. F.I.R. has been
lodged after a delay of four days without any plausible
explanation. There is no injury report on the record to
substantiate the allegation of assault. Allegation against the
petitioner is general and omnibus. Similarly situated co-accused
persons have already been granted anticipatory bail by this
Court vide order dated 07.01.2026 passed in Cr. Misc. No.
85317 of 2025. Petitioner has no criminal antecedent and he
undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
Patna High Court CR. MISC. No.77940 of 2025(3) dt.11-02-2026
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the above named petitioner be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-I,
Motihari, East Champaran in connection with Banjariya P.S.
Case No. 182 of 2024, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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