Patna High Court
PAWAN KUMAR @ PAWAN KUMAR SAHANIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted bail to the petitioner with a bond of Rs.10,000 and specified conditions.
Summary
Petitioner Pawan Kumar Sahani was arrested in connection with a land‑dispute assault case (Shikarpur PS Case No. 933 of 2024) and has been in custody since 17‑April‑2025. He faces charges under sections 126(2), 115(2), 76, 303(2), 109, 352 and 3(5) of the B.N.S. The petitioner, who has no prior criminal record, sought bail, assuring the court of his cooperation and undertaking not to tamper with evidence. The State opposed bail, citing the grievous nature of the injuries. The court, noting the long pre‑trial detention, the petitioner’s clean antecedents and his undertaking, granted bail subject to a Rs.10,000 bond, two sureties and several conditions regarding appearance, witness protection and non‑commission of further offences.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and the grievous injuries alleged.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 352, 76
Subjects
- bail
- pre‑trial detention
- assault
- land dispute
- criminal procedure
- surety bond
- witness tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15608 of 2026
Arising Out of PS. Case No.-933 Year-2024 Thana- SIKARPUR District- West Champaran
======================================================
PAWAN KUMAR @ PAWAN KUMAR SAHANI S/O HOSHILA SAHANI
R/o vill - Diulia ward no. 24, P.S.- Shikarpur, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
: Ms. Kumari Akanksha Rai, Advocate
: Mr. Deepak Kumar, Advocate
For the State : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 11-03-2026 Heard Mr. Sarvesh Kashyap, learned counsel for
the petitioner and Mr. Ashok Kumar Singh, learned APP
representing the State.
2. The petitioner is in custody in connection with
Shikarpur P.S. Case No. 933 of 2024 for the offence punishable
under sections 126(2), 115(2), 76, 303(2), 109, 352 and 3(5) of
the B.N.S., lodged on 13.12.2024 by the informant, Manoj
Kumar Sahni.
3. As per the prosecution story lodged by the
informant from the surgical ward, G.M.C.H., Bettiah, his
brother Pawan Sahani and his family members resorted to
assault due to land dispute in which allegation against this
petitioner is of giving iron rod blow to his sister-in-law, Anju
Devi as also the informant on the head. Further, allegation of
assault is also against other accused persons. This led to the
F.I.R..
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4. Learned counsel for the petitioner submits that he
has already suffered by being in custody since 17.04.2025 and
has no criminal antecedent, if granted relief, he shall be
diligently appearing in trial and shall not further indulge in any
criminal activity failing which the State shall take steps for
cancellation of bail bond.
5. Learned APP opposes the prayer for bail submitting
that the injury was found to be grievous in nature.
6. Though the allegation is there against the
petitioner, he has remained in custody since 17.04.2025 and has
no criminal antecedent, trial is not going to conclude in near
future, an undertaking has been given that he shall be diligently
appearing in trial and further not indulge in any criminal
activity, in that background, this Court is inclined to extend him
the privilege of bail.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate, Bettiah, West Champaran, in connection
with Shikarpur P.S. Case No. 933 of 2024 subject to the
following conditions:
(i) one of the bailor should be the family
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member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for one year to mark his attendance
and at the end of the period a certificate be submitted before the
Trial Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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