Created by Fuzzy Cloud

Patna High Court

Sandeep SahaniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.