Patna High Court
Ram Sukhit SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 76
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
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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
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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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