Patna High Court

Kamal SahniversusThe State of Bihar

Decided: 23 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Kamal Sahni was arrested in connection with an assault alleged to have occurred on 18‑05‑2025, for which he was charged under several sections of the B.N.S. He applied for bail, claiming innocence, a two‑day delay in filing the FIR, lack of criminal antecedents, and that co‑accused in a similar case had been granted bail. The State opposed the bail. The court examined the facts, the delay, the nature of injuries, and the precedent, and decided to enlarge the petitioner on bail upon furnishing a bail bond of Rs.10,000 with two sureties to the satisfaction of the Additional Chief Judicial Magistrate, Benipur, Darbhanga.

Issues considered

Whether the petitioner is entitled to bail despite the charges under Sections 126(2), 115(2), 351(2), 352, 109, 191(2) and 3(5) of the B.N.S.
Whether the delay in filing the FIR and the existence of a counter‑version affect the bail application

Legislation cited

B.N.S. — s. 109, 115(2), 126(2), 191(2), 3(5), 351(2), 352

Subjects

bail
criminal procedure
assault
delay in FIR
sureties
pre‑cedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17348 of 2026
                      Arising Out of PS. Case No.-183 Year-2025 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Kamal Sahni,, Son of Radhe Sahni, R/O Village - Navtoliya, P.S.- Bahera,
                 District – Darbhanga


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amarendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bahera P.S. Case No. 183 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 351(2), 352,

                   109, 191(2) and 3(5) of B.N.S.

                                3. The case of the prosecution, in short, is that on

                   18.05.2025 at about 10 P.M., all the named accused persons

                   including the petitioner being armed with lathi, farsa, iron rod

                   and brick-stone came and assaulted the informant when they

                   were having meals at the house of Raja Sahni.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.17348 of 2026(2) dt.23-03-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. From perusal of the F.I.R. it is clear that the date of

          occurrence is 18.05.2025 whereas the F.I.R. was lodged on

          20.05.2025. There is delay of two days in Filing the F.I.R. and

          the reason is not explained. There is also a counter version of

          this case. It has further been submitted that on a trivial issue,

          free fight has been taken placed between the parties in the

          marriage of daughter of one Bela Sahni. It has also been

          submitted that the injuries allegedly caused by the petitioner are

          simple in nature. It has further been submitted that similarly

          situated co-accused have been granted bail by leaned Co-

          ordinate Bench of this Court vide Cr. Misc. No. 7211 of 2026.

          The case of this petitioner stands on similar footing. He is

          having no criminal antecedent and he is languishing in judicial

          custody since 24.12.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       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
             Patna High Court CR. MISC. No.17348 of 2026(2) dt.23-03-2026
                                                         3/3




                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       Additional Chief Judicial Magistrate, Benipur, Darbhanga in

                       connection with Bahera P.S. Case No. 183 of 2025.


                                                           (Ashok Kumar Pandey, J)

lata/-
U        T

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