Patna High Court
Radhika DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners with conditions, finding no specific allegation against them in the FIR.
Summary
The petitioners, a group of eight relatives from Jagdishpur, sought anticipatory bail fearing arrest in a case (PS No.155/2024) involving offences under sections 147, 323, 341, 324, 307, 379, 504, 506/34 of the IPC. The FIR alleged that Sajawal Sahni, Amarnath Sahni and Mukesh Sahni assaulted the informant and damaged property, while the petitioners, including two women, were not specifically mentioned. The State opposed bail, arguing that the petitioners' names appear in the FIR. The Court examined the FIR and noted the main allegations were against the three named accused, finding no specific charge against the petitioners. Consequently, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC, including a bail bond of Rs 10,000 with two sureties and compliance with several behavioural conditions. The order directed release within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail can be granted to the petitioners who are named in the FIR but not specifically charged with any offence
- Whether the conditions prescribed under Section 438(2) of the Criminal Procedure Code are sufficient to justify granting bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 147, 307, 323, 324, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC offences
- FIR
- land dispute
- women
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17380 of 2026
Arising Out of PS. Case No.-155 Year-2024 Thana- MAHARAJGANJ District- Siwan
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1. Radhika Devi W/o Binda Sahani @ Binda Sahni R/o Village - Jagdishpur,
P.S - Maharajganj, District - Siwan
2. Rubi Devi @ Ribi Devi W/o Mukesh Sahani R/o Village - Jagdishpur, P.S -
Maharajganj, District - Siwan
3. Binda Sahni @ Binda Sahani S/o Rameshwar Sahani R/o Village -
Jagdishpur, P.S - Maharajganj, District - Siwan
4. Majister Sahani @ Majister Sahni S/o Ram Lagan Sahani R/o Village -
Jagdishpur, P.S - Maharajganj, District - Siwan
5. Sanjit Sahni @ Sanjeet Sahani S/o Sri Bhagawan Sahni R/o Village -
Jagdishpur, P.S - Maharajganj, District - Siwan
6. Guddu Sahani @ Guddu Kumar Sahani S/o Sri Bhagwan Sahni R/o Village -
Jagdishpur, P.S - Maharajganj, District - Siwan
7. Manjesh Sahni @ Mangesh Kumar Sahani S/o Binda Sahani @ Binda Sahni
R/o Village - Jagdishpur, P.S - Maharajganj, District - Siwan
8. Ram Ayodha Sahni S/o Asharafi Sahani R/o Village - Jagdishpur, P.S -
Maharajganj, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Urmila Kumari, Adv.
Mr. Raghav Prasad, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard Mrs. Urmila Kumari, learned Counsel for the
petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Maharajganj P.S. Case No. 155 of 2024 for the offence
registered under sections 147, 323, 341, 324, 307, 379, 504,
506/34 of the IPC.
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3. As per the prosecution story, the informant alleged
that the accused persons firstly tried to break the ‘dalan’ and
later upon objection, the allegation is that Sajawal Sahni,
Amarnath Sahni and Mukesh Sahni resorted to assault causing
injury to the informant and family members. As they dialed 112,
Police came but later, the other accused persons including the
petitioner herein started creating chaos and resorted to damaging
the washroom. This led to the FIR.
4. Learned Counsel for the petitioners submit that a
perusal of the FIR would show that main allegation is against
Sajawal Sahni, Amarnath Sahni and Mukesh Sahni and nothing
specific against these petitioners, some of whom are ladies.
Further, the antecedents that are reflected in paragraph 3, all are
lodged by the informant, who are agnates, due to admitted land
dispute.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that names
have been there so far as the accused persons are concerned in
the FIR.
6. Considering the aforesaid facts as also the main
allegation against Sajawal Sahni, Amarnath Sahni and Mukesh
Sahni, nothing specific against these petitioners, two of them are
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ladies, in that background, this Court is inclined to grant them
the anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-VI,
Siwan in connection with Maharajganj P.S. Case No. 155 of
2024 subject to condition as laid down under Section 438(2) of
the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners 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 petitioners 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;
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(iv) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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