Patna High Court
Tuntun SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to a bond and conditions, noting the minor injury and precedent of bail to a co‑accused.
Summary
Petitioners Tuntun Sahani and Ashok Sahani were arrested on 29‑10‑2025 in connection with an FIR alleging assault on police personnel and several other offences under the BNS, 2023. They applied for bail, claiming they were falsely implicated and that the FIR contained only a generic allegation against all accused, with the injury to the police officer being simple. The prosecution opposed bail, citing a prior criminal antecedent and the seriousness of the charges. The court noted that a similarly situated co‑accused, Kanhaiya Sahani, had been granted bail and that the injury was minor, and therefore ordered bail on a bond of Rs 10,000 with two sureties and specific conditions. The bail order was subject to verification of the petitioners’ criminal antecedents and compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioners despite the seriousness of the offences alleged under the BNS, 2023.
- Whether the presence of a prior criminal antecedent justifies denial of bail.
- Whether the nature of the injury (simple) and the grant of bail to a similarly situated co‑accused warrant bail for the petitioners.
Legislation cited
- BNS, 2023 — s. 109(11), 115(2), 117(2), 126(2), 132, 253, 304(2), 3(5), 352
Subjects
- bail
- criminal antecedent
- assault on police
- simple injury
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13469 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- HALAI District- Samastipur
======================================================
1. Tuntun Sahani S/o Jaikishun Sahani @ Jai Kishun Sahni R/o Village -
Darba, Ward No. 11, P.S - Halai, District - Samastipur
2. Ashok Sahani S/o Ramsikil Sahani @ Jaikishun Sahani @ Jai Kishan Sahni
R/o Village - Darba, Ward No. 11, P.S - Halai, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 03-04-2026 Heard Mr. Lakshmindra Kumar Yadav, learned
counsel for the petitioners and Mr. Jagdhar Prasad, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
29.10.2025 in connection with Halai P.S. Case No. 188 of 2025,
F.I.R. dated 29.10.2025 for the offences punishable under
Sections 126(2), 115(2), 117(2), 109(11), 132, 253, 304(2), 352
and 3(5) of the BNS, 2023.
3. According to prosecution case, these petitioners
along with other accused persons have attacked on the police
personnel who have came to arrest the co-accused Kanhaiya
Sahani in another case.
Patna High Court CR. MISC. No.13469 of 2026(3) dt.03-04-2026
2/4
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. The allegation as alleged in the F.I.R is false
and fabricated and the petitioners have not committed any
offence as alleged in the F.I.R. From perusal of the F.I.R it
appears that police personnel have came to the house of the co-
accused, namely, Kanhaiya Sahani to arrest him in Halai P.S.
Case No. 57 of 2025 where all the family members of the co-
accused along with these petitioners have attacked upon police
personnel. He further submits that it appears from the FIR that
there is no specific allegation of assault attributed against these
petitioners rather there is general and omnibus allegation against
all the accused persons including these petitioners. Apart from
that the injury report of the injured person suggest that the
injury is simple in nature. He further submits that the police
after investigation submitted the charge sheet against the
petitioners. He further submits that similarly situated, co-
accused, namely, Kanhaiya Sahani @ Kanhaiya Kumar Sahani
has been granted bail by this Court vide order dated 31.03.2026
passed in Cr. Misc. No. 20166 of 2026. The petitioners are in
custody since 29.10.2025.
5. Learned Additional Public Prosecutor has
Patna High Court CR. MISC. No.13469 of 2026(3) dt.03-04-2026
3/4
vehemently opposed the prayer for bail of the petitioners on the
ground that petitioners carries one criminal antecedent other
than the present one but fairly submits that they are on bail in
the pending matter. Apart from that there is allegation against
them that they have attacked on the police personnel.
6. Considering the aforesaid facts and circumstances
that the injury received by the injured person is simple in nature
and similarly situated co-accused has been granted bail by this
Court, let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate 1stc Class, Shahpur Patori,
Samastipur in connection with Halai P.S. Case No. 188 of 2025,
subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
Patna High Court CR. MISC. No.13469 of 2026(3) dt.03-04-2026
4/4
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…