Patna High Court
Mukesh SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Given the petitioner’s clean antecedent, the minor nature of the alleged injuries, and the unexplained delay in filing the FIR, the court held that anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, was warranted.
Summary
Mukesh Sahani sought anticipatory bail fearing arrest in a case (PS Case No 292 of 2025) involving offences under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, including assault and causing injury. The prosecution alleged that he threw hot oil on two women, causing injuries, after a dispute over a packet of Kurkure. The petitioner’s counsel argued that he was falsely implicated, the FIR was lodged seven days after the incident without justification, the injuries were minor, and he has a clean antecedent and will cooperate with the investigation. The State opposed the bail, contending the seriousness of the allegations. Considering the petitioner’s clean record, the delay in filing the FIR, and the nature of the alleged injuries, the court granted anticipatory bail subject to a Rs 10,000 bond with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the delay in lodging the FIR and the nature of the alleged offences justify denial of bail.
- Whether there is a risk of the petitioner fleeing or tampering with evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- delay in FIR
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11198 of 2026
Arising Out of PS. Case No.-292 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Mukesh Sahani Son of Shival Sahani, Resident of Village - Raghunathpur,
P.S.- Bhagwanpur, District – Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Satya Nand Shukla, A.P.P.
For the Informant : Mr. Vasant Vikas, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 23-04-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection
with Bhagwanpur P.S. Case No.292 of 2025 instituted under
Sections 191(2), 191(3), 190, 118(2), 352, 351(2), 109, 115(2),
303(2), 3(5) of the B.N.S., 2023.
3. As per the prosecution case, due to non-payment of
a packet of Kurkure, some altercation took place between the
co-accused Vidya Sahani and his son one day prior to the
incident. It is alleged that on the day of incident, all the accused
persons armed with various weapons assaulted the informant
and his family members causing injury to them. Specific
allegation against the petitioner is that he threw hot oil on the
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body of Manita Devi and Raveena Kumari causing injury to
them.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that for the same incident, there is case
and counter case between the parties. Learned counsel submits
that due to petty dispute with respect to some quarrel between
the children, the present occurrence taken place in which both
the parties received injuries. He further submits that the injuries
to the injured is simple in nature. Learned counsel submits that
there is delay of 7 days in lodging the F.I.R. without any
plausible explanation. He further submits that petitioner has got
clean antecedent and he undertakes to cooperate in the
investigation and trial of the case.
5. Learned A.P.P. for the State and learned counsel for
the informant opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as his
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
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(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Chief Judicial Magistrate,
Vaishali at Hajipur/ concerned Court in connection with
Bhagwanpur P.S. Case No.292 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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