Patna High Court
Ajay SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The court rejected the petitioner's anticipatory bail application.
Summary
The petitioner, Ajay Sahani, applied for anticipatory bail in connection with PS case No. 56 of 2025, which alleges that he assaulted his father-in-law, Ramchandra Sahni, with an iron rod, leading to the victim's death. The prosecution's case is based on the informant's statement that the assault occurred on 10 April 2025 and that the victim later died at a private clinic. The petitioner contended that he is innocent, that there are no eyewitnesses, and that the hospital failed to inform the police, emphasizing his clean criminal record. The State opposed the bail, arguing the seriousness of the alleged offence under Section 103(1) of the B.N.S. The court, considering the gravity of the charge and the lack of compelling evidence to warrant bail, declined to grant anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 103(1) of the B.N.S. given the alleged assault leading to death.
Legislation cited
- B.N.S. — s. 103(1)
Subjects
- anticipatory bail
- Section 103(1)
- B.N.S.
- assault
- death
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14641 of 2026
Arising Out of PS. Case No.-56 Year-2025 Thana- JAINTPUR District- Muzaffarpur
======================================================
Ajay Sahani S/o Late Tribhuwan Sahani R/o Village - Dadar, Kolhua, P.S -
Ahiyapur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Adv
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Jaintpur P.S. Case No. 56 of 2025, registered for the
offence punishable under Section 103(1) of B.N.S.
3. The case of the prosecution, in short, as per the
informant is that on 10.04.2025 at approximately 7:30 AM,
while his father, Ramchandra Sahni, was sitting at his doorstep
cutting garlic, the informant's brother-in-law, Ajay Sahni arrived
at the door and attacked on his neck using an iron rod (khanti)
held in his hand. As a result, the victim fell down on the ground
drenched in blood and the accused fled on a motorcycle. With
the help of villagers, the injured Ramchandra Sahni was taken to
a private clinic located in Jaintpur for medical treatment, where
doctors declared him dead.
Patna High Court CR. MISC. No.14641 of 2026(3) dt.29-04-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in the present case merely on suspicion.
He further submits that the deceased was admitted in a private
hospital but the hospital even did not inform the police nor the
informant or other family member. He further submits that there
is no eye witness to the alleged occurrence and the petitioner
has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. There is specific allegation against the petitioner of
having assaulted Ramchandra Sahni, father-in-law of the
petitioner on his neck, which has ultimately led to the death of
Ramchandra Sahni. Considering the seriousness of the offence
alleged to have been committed by the petitioner, this Court is
not inclined to grant privilege of anticipatory bail to the
petitioner.
7. Accordingly, the present anticipatory bail
application stands rejected.
(Alok Kumar Sinha, J)
kiran/-
U
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