Patna High Court
Rajesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to bond and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
Rajesh Sahni sought anticipatory bail fearing arrest in Bishanpur P.S. Case No.86 of 2026, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 including assault with lathi‑danda and iron rod and theft of valuables. The prosecution alleged that Sahni, along with co‑accused, attacked the informant’s family, causing serious injuries. The petitioner contended that he was falsely implicated, that no specific overt act was attributed to him, and that the assault charge pertained only to co‑accused Rakesh Sahni; he also highlighted a prior anticipatory bail granted to another co‑accused. The State opposed the bail. The Court, after considering the lack of specific allegation against the petitioner and the principle of parity, granted anticipatory bail subject to a bond of Rs.15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner can be granted anticipatory bail despite the serious nature of the offences alleged.
- Whether the allegations against the petitioner are specific enough to deny bail.
- Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, permits the grant of anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- false implication
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10587 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- BISHANPUR District- Darbhanga
======================================================
Rajesh Sahni Son of Jitan Sahni Resident of Village- Fulwaria (Rampurdih),
P.S.- Bishanpur, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Girish Chandra Jha, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Bishanpur P.S. Case No. 86 of 2026, instituted for the
offences under Sections 126(2), 115(2), 117(2), 118(1), 109(1),
74, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that petitioner along
with other co-accused persons assaulted the informant and his
other family members by means of Lathi-danda and iron rod
leading to serious injuries to them besides the allegation of
snatching some valuables.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. He
further submitted that in the said occurrence petitioner’s side
Patna High Court CR. MISC. No.10587 of 2026(2) dt.13-02-2026
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also sustained injuries and mother of co-accused Surendra
Sahani also registered Bishanpur P.S. Case No. 29 of 2025.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. There is case
and counter case between the parties. Injury is said to be simple
in nature. The specific allegation of assault is against co-accused
Rakesh Sahni. Learned counsel for the petitioner further submits
that other co-accused has been granted anticipatory bail by a co-
ordinate Bench of this this Court vide order dated 24.12.2025
passed in Cr. Misc. No. 85701 of 2025. It has been submitted on
behalf of the petitioner that the petitioner has one criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also claim based on parity, let the petitioner
above named, in the event of arrest/surrender before the learned
Court below within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
Patna High Court CR. MISC. No.10587 of 2026(2) dt.13-02-2026
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in connection with Bishanpur P.S. Case No. 86 of 2026, subject
to the conditions as laid down under Section 482(2) of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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