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Patna High Court

Satendra SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail, subject to a bond and conditions, given the lack of incriminating forensic evidence and the risk of false implication.

Summary

The petitioner, Satendra Sahni, sought relief from anticipated arrest in a criminal case (PS Case No.86 of 2025) alleging assault and death of an informant's mother‑in‑law under Sections 103(1) and 3(5) of the BNS. The prosecution claimed the petitioner and co‑accused caused the victim's death, but the post‑mortem report showed no internal or external injuries and the cause of death was pending further investigation. The petitioner argued he was falsely implicated, citing a prior case (PS Case No.81 of 2025) filed by his wife under Section 137(2) against the informant’s sons, and highlighted that co‑accused had been granted anticipatory bail. The State opposed the bail application. Considering the lack of forensic evidence, the possibility of false implication, and the precedent of anticipatory bail to co‑accused, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and attendance requirements.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the alleged offenses.
  • Whether the post‑mortem report negates the prosecution’s claim of homicide.
  • Whether the possibility of false implication warrants the grant of bail.
  • Whether the conditions imposed under Section 482(2) are appropriate.

Legislation cited

  • BNS — s. 103(1), 137(2), 3(5), 96
  • B.N.S.S. — s. 482(2)

Subjects

  • bail
  • anticipatory bail
  • false implication
  • post‑mortem report
  • Section 482
  • criminal procedure
  • Section 103
  • Section 3
  • Section 137

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14892 of 2026
                    Arising Out of PS. Case No.-86 Year-2025 Thana- HIRAMMA P.S. District- Sheohar
                 ======================================================
                 Satendra Sahni Son of Anup Sahni Resident of Village -Athkoni, Ward no.06,
                 P.S -Hiramma District -Sheohar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amrendra Kumar, Advocate
                 For the Opposite Party/s :       Mr.Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   03-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                02. In the present case, the petitioner is apprehending

                   his arrest in connection with Hirarama P.S. Case No. 86 of 2025

                   registered for the alleged offences under Section 103(1) and 3(5)

                   of the BNS

                                03. As per prosecution case, petitioner and other

                   coaccused persons assaulted the mother-in-law of the informant

                   who received injuries and was declared brought dead when taken

                   to the hospital.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this case.

                   Prior to lodging of this case, the wife of the petitioner has

                   instituted Hirarama P.S. Case No. 81 of 2025 under section 137(2),
Patna High Court CR. MISC. No.14892 of 2026(2) dt.03-04-2026
                                            2/3




          96, 3(5) of the BNS against the sons of the informant for enticing

          away her minor daughter. In order to save their skin, the present

          case has been lodged by the informant side. Learned counsel

          further submits that though there is allegation of causing death of

          the mother-in-law of the informant by assault of the petitioner and

          other coaccused persons, no internal or external injuries were

          found on the dead body and opinion was reserved in the post

          mortem report for cause of death till receipt of report of viscera.

          Learned counsel further submits that similarly placed coaccused

          persons namely Sangeeta Devi and Anup Sahni have been granted

          anticipatory bail by a Coordinate Bench of this Court vide order

          dated 01.04.2026 passed in Cr. Misc. No. 15772 of 2026. The

          petitioner is having clean antecedent.

                       05. Learned A.P.P. for the State opposes the submission

          made on behalf of the learned counsel for the petitioner.

                       06. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          earlier instituted case of the petitioner side and further considering

          the post mortem report which does not show any injury and also

          considering possibility of false implication, let the petitioner above

          named, in the event of his arrest or surrender before the court

          concerned within a period of eight weeks from today, be released

          on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
             Patna High Court CR. MISC. No.14892 of 2026(2) dt.03-04-2026
                                                         3/3




                       Thousand Only) each with two sureties of the like amount each to

                       the satisfaction of Court of learned CJM, Sheohar in connection

                       with Hirarama P.S. Case No. 86 of 2025, subject to the condition

                       laid down under Section 482(2) of the B.N.S.S. and other

                       following conditions:

                                                       (i) One of the bailors will be a

                                                       close relative of the petitioner.

                                                       (ii) The petitioner will remain

                                                       present on each and every date

                                                       fixed by the court below, if so

                                                       required by the learned trial

                                                       court.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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