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Patna High Court

Tetar SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Tetar Sahni, Soni Devi, and Vikram Kumar, were implicated in a violent incident alleged to involve assault with weapons and injuries to an informant and his family. They claimed innocence, asserting the allegations stemmed from a land dispute and that the injuries were caused by blunt objects, not knives. The State opposed their bail, citing multiple serious offences under the Bharatiya Nyaya Sanhita. The court considered the petitioners' clean criminal record, the nature of the alleged injuries, and the circumstances of the case. It ordered that bail be granted upon surrender within six weeks, with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail order effectively disposed of the petition.

Issues considered

  • What is the appropriateness of granting bail to the petitioners accused under Sections 126(2), 115(2), 117(2), 118(1), 74, 303(2), 352, 109, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita?
  • Does the petitioners' clean antecedent and the nature of the alleged injuries justify bail despite the seriousness of the charges?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • land dispute
  • clean antecedent
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15041 of 2026
                       Arising Out of PS. Case No.-1038 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Tetar Sahni S/O Late Rambachachan Sahni Resident of Village-Bhapura,
                  Police Station-Sonpur, District- Saran
           2.    Soni Devi W/O Tetar Sahni Resident of Village-Bhapura, Police Station-
                 Sonpur, District- Saran
           3.    Vikram Kumar S/O Tetar Sahni Resident of Village-Bhapura, Police Station-
                 Sonpur, District- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shakti Suman Kumar, Advocate
                 For the Opposite Party/s :        Ms. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   12-05-2026                             Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                      2.      The petitioners apprehend arrest in a case

                   registered under Sections 126(2), 115(2), 117(2), 118(1), 74,

                   303(2), 352, 109, 351(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                   3. As per the F.I.R., on 19.10.2025 at around 10:00

                   A.M., when informant along with his family members was at his

                   house, in the meantime, all the accused persons including the

                   petitioners, having armed with sticks, axes and iron rod, came at

                   the door of the informant. It is alleged that petitioner no. 1

                   assaulted the informant with knife and tried to hit on his neck
Patna High Court CR. MISC. No.15041 of 2026(3) dt.12-05-2026
                                            2/3




          but the same was saved causing injury in his hands. It is also

          alleged that the accused persons assaulted the pregnant daughter

          of the informant and his wife.

                          4. Learned counsel appearing on behalf of the

          petitioners submits that petitioners are innocent and have falsely

          been implicated in the present case due to ulterior motive.

          Further submission is that petitioners and informant are co-

          villagers and due to land dispute, some altercation took place

          between them in which both sides sustained injuries. The injury

          on the injured is simple in nature cause by hard and blunt

          substance. There is case and counter case between the parties for

          the same occurrence. Petitioners have got no criminal

          antecedent and they undertake to cooperate in the investigation

          and trial.

                        5. Learned A.P.P. for the State opposed the prayer for

          bail.

                        6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties, nature

          of allegation and clean antecedent of the petitioners, let the

          above named petitioners be released on bail, in the event of

          arrest or surrender before the learned court below within a

          period of six weeks from today, on furnishing bail bonds of
             Patna High Court CR. MISC. No.15041 of 2026(3) dt.12-05-2026
                                                         3/3




                       Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                       the like amount each to the satisfaction of learned Chief Judicial

                       Magistrate, Saran at Chapra in connection with Sonepur P.S.

                       Case No. 1038 of 2025, subject to the conditions as laid down

                       under Section 482(2) of the Bharatiya Nagarik Suraksha

                       Sanhita.



                                               (Sunil Dutta Mishra, J)
Utkarsh/- Koustav/-

U        T


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