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Patna High Court

Rupak Sahni @ Rupak SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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