Patna High Court
Sandeep SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected.
Summary
The petitioner, Sandeep Sahani, sought anticipatory bail after an FIR was lodged under sections 126(2), 115(2), 117(2), 109, 352 and 3(5) of the Indian Penal Code relating to a land‑dispute‑triggered assault. The informant alleged that the petitioner and his relatives assaulted her, causing a fracture to her left hand, which the Sessions Judge held to be grievous. The petitioner contended that the FIR was exaggerated and stemmed from an admitted land dispute. The State highlighted the medical finding of a grievous injury and the seriousness of the offences. After considering the submissions and the Sessions Judge’s observation, the Court concluded that bail was not appropriate and rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences
- Whether the FIR and the medical evidence establish a prima facie case justifying denial of bail
- Whether the land‑dispute context renders the FIR exaggerated and warrants bail
Legislation cited
- Indian Penal Code — s. 109, 115(2), 117(2), 126(2), 352
Subjects
- anticipatory bail
- bail
- land dispute
- assault
- FIR
- Indian Penal Code
- grievous injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20810 of 2026
Arising Out of PS. Case No.-176 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
Sandeep Sahani S/o Rambriksh Sahani R/o Village- South Telhua, P.S-
Nautan, Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Nautan P.S. Case No. 176 of 2025 for the
offence under sections 126(2), 115(2), 117(2), 109, 352 and 3(5)
of the BNS lodged on 17.04.2025 by the informant, Anju Devi.
3. As per the prosecution story, the informant alleged
that the accused persons came and started abusing due to land
dispute. When it was objected, the allegation is that Pradeep
Sahani gave farsa blow over the head of the informant. As he
fell down, Mukesh Sahani and Sandeep Sahani (petitioner
herein) started assaulting. Allegation against Thora Sahani is of
taking away Mangalsutra and when the sister-in-law came to
rescue, this petitioner gave lathi blow on her hand which caused
Patna High Court CR. MISC. No.20810 of 2026(2) dt.08-04-2026
2/2
fracture. They were shifted to Primary Health Center, Nautan
and then to GMCH, Bettiah. This led to the FIR.
4. Learned counsel for the petitioner submits that
there is a admitted land dispute and an exaggerated FIR has
been lodged.
5. Learned APP, on the other hand, has drawn the
attention of this Hon’ble Court to the order of the learned
Sessions Judge to submit that the lady sustained a fracture in her
left hand and the injury has been found to be grievous in nature,
allegedly inflicted by the present petitioner.
6. Taking into account the submissions as also the
observation of the learned Sessions Judge, as narrated above, it
would be appropriate that the petitioner seeks bail.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Adnan/-
U T
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