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Patna High Court

Vinay SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

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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