Patna High Court
Rupak Sahni @ Rupak SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, Rupak Sahni and Suraj Sahni, were named in an FIR alleging multiple offences under the Bharatiya Nyaya Sanhita arising from a land dispute involving the removal of pillars. They contend they have clean antecedents and were falsely implicated by the informant, asserting that both parties assaulted each other during the altercation. The petitioners sought anticipatory bail to avoid arrest, while the State opposed the relief. The court examined the allegations, the nature of the injuries, and the petitioners' background, and found no sufficient ground to deny bail. Consequently, the court granted anticipatory bail subject to a cash bond, sureties, and compliance with conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita
- Whether the petitioners are likely to flee, tamper with evidence, or influence witnesses
- Whether the FIR allegations constitute false implication or genuine offences
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118, 126(2), 303(2), 324(4), 329(3), 3(5), 351(2), 352, 427, 482(2)
Subjects
- anticipatory bail
- false implication
- land dispute
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18874 of 2026
Arising Out of PS. Case No.-468 Year-2025 Thana- PIPRA District- East Champaran
======================================================
1. Rupak Sahni @ Rupak Sahani S/o- Devilal Sahani @ Devilal Sahni R/O-
Khairimal, P.S.- Pipra, Dist- East Champaran at Motihari
2. Suraj Sahni @ Surya Kumar S/o- Rupak Sahni R/O- Khairimal, P.S.- Pipra,
Dist- East Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118, 109(1), 329(3), 324(4), 303(2), 352, 351(2), 427
and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the informant
alleges that on account of dispute relating to removing of pillars
from the land, accused Vikash and Suraj dashed her on the
ground and assaulted by lathi and iron rod, while Rupak
assaulted her husband by farsa causing injury on head and also
Patna High Court CR. MISC. No.18874 of 2026(2) dt.06-04-2026
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assaulted her daughter, while Vikash assaulted her husband by
an iron rod on his private part and Umrawati and Babita
snatched her chain
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that on
account of dispute relating to removing of pillars from the land,
the occurrence is alleged to have taken place. It is further
submitted that the land belongs to the petitioners on which
informant had put the pillars and the same was being removed
when an altercation took place in which both sides assaulted
each other. It is also submitted that even injury suffered by the
injured has been opined to be simple in nature as stands
recorded in the order impugned. It is next submitted that
petitioners are not criminals.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.18874 of 2026(2) dt.06-04-2026
3/3
bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Pipra P.S. Case No. 468 of 2025, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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