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Patna High Court

Ram Sukhit SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to anticipatory bail under Section 482 of the BNSS, 2023, subject to the stipulated conditions.

Summary

The petitioners, five members of the Sahni family, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case (Rosera P.S. Case No. 369 of 2025) involving alleged assault with lathi, danda and iron rod. The FIR named nine accused, including the petitioners, for offences under various sections of the Bhartiya Nyay Sanhita, 2023. The petitioners claimed innocence, stating the dispute was a petty village quarrel and that injuries were caused by both sides. The State opposed bail, but the High Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.30,000, a family bailor, and a condition that bail would be cancelled if the petitioner re‑engages in the alleged activity. The order was made under Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 for the offences alleged in the FIR.
  • Whether the petitioners are likely to tamper with evidence, influence witnesses, or repeat the alleged conduct.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS 2023
  • criminal miscellaneous
  • assault
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15381 of 2026
                      Arising Out of PS. Case No.-369 Year-2025 Thana- ROSERA District- Samastipur
                 ======================================================
           1.     Ram Sukhit Sahni Son of Late Nanaki Sahni Resident of Village - Kalwara,
                  Ward No. 9, P.S. - Rosera, District - Samastipur.
           2.    Kundan Kumar @ Kundan Sahni Son of Ram Sukhit Sahni Resident of
                 Village - Kalwara, Ward No. 9, P.S. - Rosera, District - Samastipur.
           3.    Raja Ram Sahni Son of Vishun Sahni @ Vishundev Sahni Resident of
                 Village - Kalwara, Ward No. 9, P.S. - Rosera, District - Samastipur.
           4.    Shri Ram Sahni @ Sri Ram Sahni Son of Vishun Sahni @ Vishundev Sahni
                 Resident of Village - Kalwara, Ward No. 9, P.S. - Rosera, District -
                 Samastipur.
           5.    Raushan Sahni Son of Vishun Sahni @ Vishundev Sahni Resident of Village
                 - Kalwara, Ward No. 9, P.S. - Rosera, District - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gaurav Kumar, Advocate
                 For the Opposite Party/s :        Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard Learned Counsel for the petitioners and

                   Learned APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioners who apprehend arrest

                   in connection with Rosera P.S. Case No. 369 of 2025, lodged on

                   28.10.2025, under Sections 126(2)/115(2)/109/76/ 303(2) /352 /

                   351(2)/3(5) of the Bhartiya Nyay Sanhita, 2023.
Patna High Court CR. MISC. No.15381 of 2026(2) dt.25-03-2026
                                            2/3




                       3. As per the prosecution, FIR has been lodged against

          nine named accused persons including the present petitioners.

          Allegation of assault by lathi, danda, iron rod is there on the

          informant’s brother due to which injury alleged to have been

          caused and some of the persons were referred to Hospital.

                       4. Learned Counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel submits that both informant and petitioners’ side are

          resident of the same village and Pattidar, due to petty dispute

          both parties gathered and scuffling started and for the same date

          and place of occurrence there are criminal case from one side

          and complaint case from the other side have been filed. Counsel

          submits that injury has been caused from both sides, which is

          apparent from the rejection order.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioners be released on

          anticipatory bail, in the event of arrest or surrender before the

          learned Court below within a period of 4 weeks from today, on

          furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

          each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
          Patna High Court CR. MISC. No.15381 of 2026(2) dt.25-03-2026
                                                      3/3




                    satisfaction of A.C.J.M.-I, Rosera at Samastipur, in connection

                    with Rosera P.S. Case No. 369 of 2025, subject to the conditions

                    as laid down U/s 482(2) of the BNSS, 2023 along with the

                    condition that one of the bailors shall be of family members and

                    if the petitioner shall involve in same activity further then the

                    anticipatory bail shall be cancelled by the Trial Court itself.



                                                                         (Dr. Anshuman, J)
    Mkr./-

U     T


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