Patna High Court
Vinay SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs 10,000 bond with two sureties.
Summary
Vinay Sahani was arrested in connection with a case registered under multiple sections of the B.N.S., 2023, alleging that two co‑accused assaulted an informant with a knife. The petitioner contended that he was merely a member of a mob, had not committed any overt act, and that the injuries were minor; he also claimed the case had been compromised and he had been in judicial custody since 23‑10‑2025. The State opposed bail, highlighting six prior criminal cases against the petitioner. After hearing both sides, the Court considered the lack of specific allegations against the petitioner, the simple nature of the injuries, and the alleged compromise, and decided to grant bail. The bail was conditioned on a bond of Rs 10,000 with two sureties to the satisfaction of the Chief Judicial Magistrate, Motihari.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal record
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 118(2), 126(2), 303(2), 3(5), 351(3), 352
Subjects
- bail
- criminal procedure
- mob participation
- prior criminal record
- injury report
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1619 of 2026
Arising Out of PS. Case No.-20 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
Vinay Sahani S/O Suresh Sahani @ Suresh Sahni Resident of Village-
Ajagarwa, P.S- Lakhaura, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-01-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioner and Mr. Chandra Sen Prasad, learned APP for the
State.
2. The petitioner has prayed for bail in connection with
Lakhaura P.S. Case No. 20 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 118(2), 109(1), 303(2),
352, 351(3), 3(5) of the B.N.S., 2023.
3. The case of the prosecution in short is that one
accused, namely, Mukesh Sahni, assaulted the informant with a
knife on the head, and the second assault was made by Milan
Kumar.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.1619 of 2026(2) dt.31-01-2026
2/2
case. Learned counsel for the petitioner submits that there is no
specific allegation of any overt act against this petitioner. The
petitioner is only a member of mob. He also submits that from
perusal of the injury report, it will transpire that the informant
has received simple injuries. He further submits that due to
intervention of well wishers, parties have compromised the case.
Moreover, the petitioner is languishing in judicial custody since
23.10.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of six cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Motihari, East Champaran in connection
with Lakhaura P.S. Case No. 20 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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