Patna High Court
Sagar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond and surety conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sagar Sahani, applied for anticipatory bail in a criminal miscellaneous case alleging offences under Sections 126(2), 127(2), 115(2), 109 and 3(5) of the B.N.S. The incident involved the victim, the son of an informant, who went to the petitioner’s house on a motorbike, consumed liquor, and later sustained injuries that the informant claimed were caused by an assault by the petitioner and his father. The victim’s police statement, however, indicated that he was intoxicated, could not recall the alleged assault and suggested he might have fallen, with the injury report corroborating bruises consistent with a fall. The petitioner’s counsel argued that he has a clean antecedent, that the victim and petitioner are friends, and that the allegations are based on suspicion rather than evidence. The State opposed the anticipatory bail, but the Court, after considering the victim’s statement and the lack of incriminating evidence, granted bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the B.N.S.S. The order also warned that bail could be cancelled if the petitioner fails to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of assault and other offences under the B.N.S.
- Whether the victim’s statement and injury report negate the prosecution’s case against the petitioner.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- B.N.S offences
- injury evidence
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15500 of 2026
Arising Out of PS. Case No.-125 Year-2024 Thana- SINDHIYA District- Samastipur
======================================================
Sagar Sahani S/O Nago Sahani Resident of Village- Dudhpura, Ward No.3,
Post- Mangalgarh, Police Station- Hasanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pratik
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 126(2), 127(2), 115(2), 109, 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that friend of his son namely, Sagar Sahni
came on 30.06.2024 at 11.00 P.M. and asked her son to
accompany them with his motor for installing at their house,
since construction was going on. Accordingly, her son
accompanied them with motor, but did not return, thus her
daughter in-law called the victim on his mobile but the same
was switched off, next day a picture went viral of an injured
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person and the informant identified the victim as her son.
Accordingly, she reached at the place of occurrence and took
him to the hospital in an injured condition, but doctor referred
him to PMCH where his is under treatment. Further, informant
went to the house of Sagar to enquire but Sagar did not disclose
anything, but his father Nago handed over the mobile of her son
saying that he had left the mobile, thus alleges that accused
persons assaulted her son and thinking that he is dead threw him
at the place of occurrence from where he was recovered. It is
further alleged that motorcycle of her son was found standing at
Keluhaghat, but the key was missing, as such, the motorcycle
somehow was brought to the house.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant based on suspicion. It is next submitted that what is
not in dispute rather stands admitted from the FIR is that
petitioner and the son of the informant were good friend. It is
also submitted that the statement of the victim was recorded by
the police at Para-51 of the case diary wherein the victim has
disclosed that petitioner had come to his house and he had
accompanied him with the motor and when he reached the
house of the petitioner, there they had rice and fish along with
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liquor. Further, he got intoxicated as he was made to drink
liquor and thereafter he went in a hut where Nago Sahni was
present and thereafter he does not remember what happened
with him. The learned counsel next submits that even the victim
has not disclosed that he was assaulted by the petitioner or his
father. It is further submitted that after consuming liquor, the
victim left for his house and it appears that he fell and got
bruises as would manifest from the injury report as recorded at
Para-53 of the case diary. It is submitted that the injury report
records:- “right leg ankle joint having cut left leg knee, having
cut stitched right side head cut stitched, head having edema toe
having cut.
5. It is further submitted that the nature of injury as
recorded in the injury report also gets corroborated from the fact
that motorcycle of the victim was recovered from Keluhaghat
which amply demonstrates that victim after consuming liquor
was coming back home when he fell. It is further submitted that
petitioner and victim are good friends and even victim has not
cast any aspersion against the petitioner in his statement
recorded before the police. It is further submitted that Nago
Sahani was taken in custody, but then, was granted the privilege
of regular bail by an order 19.04.2025 in Cr. Misc. No.15869 of
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2025 by a learned Coordinate Bench. It is next submitted that if
privilege of anticipatory bail is granted to the petitioner, the
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
6. Learned A.P.P. Sri Rabindra Kumar opposes the
anticipatory bail application.
7. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Singhia P. S. Case
No.125 of 2024, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
8. The application stands allowed.
9. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation or is not presenting himself as and when required,
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the learned trial Court shall be at liberty to cancel the bail bonds
of the petitioner after recording reasons.
10. The case diary was produced by the learned
counsel appearing on behalf of the petitioner based on which the
injury and statement of the victim has been recorded in the
instant order.
11. Let a copy of this order be sent to the
concerned Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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