Created by Fuzzy Cloud

Patna High Court

Ajay SahaniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.