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Patna High Court

Mohit Sahani @ Mohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to payment of Rs.5,000 to the informant and compliance with conditions under Section 438(2) of the Cr.P.C.

Summary

The petitioners, Mohit Sahani and Prema Devi, sought anticipatory bail in connection with FIR No. 238 of 2025 alleging assault, robbery and other offences under the Bharatiya Nyaya Sanhita, 2023. The informant, Rupkanti Devi, claimed the petitioners assaulted her when she refused to sign a property document and subsequently stole Rs.20,000 and jewellery. The petitioners contended that the injury was simple, they had no criminal antecedent, and they were willing to compensate the informant Rs.5,000. The State opposed the bail, maintaining that the alleged offences were serious. The Court, considering the nature of the injury, lack of prior record and the petitioners' willingness to pay compensation, granted anticipatory bail subject to a Rs.5,000 payment to the informant and a bail bond of Rs.10,000 with two sureties, imposing standard conditions under Section 438(2) of the Cr.P.C. The order also stipulated compliance with investigation requirements and prohibitions against tampering with evidence.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 438(2) of the Cr.P.C. in a case involving alleged assault, robbery and other offences?
  • Whether the nature of the injury (simple) and lack of prior criminal record justify bail?
  • Whether the petitioners' offer to compensate the informant influences the bail decision?

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Bharatiya Nyaya Sanhita
  • assault
  • robbery
  • bail conditions
  • simple injury
  • no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20836 of 2026
                      Arising Out of PS. Case No.-238 Year-2025 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
           1.     Mohit Sahani @ Mohit Kumar S/o- Mahesh Sahani R/v- Sareya Ps-
                  Gobindganj Dist- East Champaran
           2.    Prema Devi W/o- Mahesh Sahani R/v- Sareya Ps- Gobindganj Dist- East
                 Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mrs.Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-04-2026                  Heard Mr.Sanjay Kumar Tiwari, learned counsel for

                   the petitioners and the State.

                                2. The petitioners are apprehending arrest in

                   connection with Govindganj Police Station Case No. 238 of

                   2025 for the offences punishable under sections 115(2), 126(2),

                   109, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita,

                   2023 lodged on 27.09.2025 by the informant, Rupkanti Devi.

                                3. As per the prosecution story, the informant alleged

                   that on 05.09.2025, as she was sitting at her door, the accused

                   persons wanted signature of the informant on property paper. On

                   refusal, the petitioner no.1 gave iron rod blow on her head

                   causing injury. As the husband came to rescue, Ranjan Kumar
Patna High Court CR. MISC. No.20836 of 2026(2) dt.08-04-2026
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          and Prema Devi (petitioner no.2) entered the house of the

          informant and took away Rs.20,000/- as also silver jewellery.

          This led to the FIR.

                       4. Learned counsel for the petitioners submit that so

          far as the petitioner no.2 is concerned, ornamental allegation is

          there about taking away of jewellery and money. So far as the

          petitioner no.1 is concerned, the injury inflicted by him has been

          found to be simple in nature.

                       5. Last submission is that Irrespective of the outcome

          of the present case and/or accepting the allegation, the

          petitioners intend to contribute Rs. 2500/- each (totalling

          Rs.5000/-) to the lady informant through Demand Draft issued

          by the local State Bank of India branch/Any Nationalized Bank

          to be submitted before the concerned Court to be handed over to

          the informant lady informant after checking the credential.

                       6. Learned counsel for the informant opposes the

          prayer submitting that they wanted signature on the partition

          paper and upon refusal, the assault took place.

                       7. Considering the submissions of the parties as also

          that the injury has been found to be simple in nature, the

          petitioner has no criminal antecedent, in that background, this

          Court is inclined to extend them the privilege of anticipatory
Patna High Court CR. MISC. No.20836 of 2026(2) dt.08-04-2026
                                            3/4




          bail subject to payment of Rs. 2500/- each (totalling Rs.5000/-)

          to the lady informant through Demand Draft issued by the local

          State Bank of India branch/Any Nationalized Bank               to be

          submitted before the concerned Court to be handed over to the

          informant lady informant after checking the credential

                       8. Let the petitioners be released on bail, in the event

          of their arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

          of the like amount each in connection with Govindganj Police

          Station Case No. 238 of 2025 to the satisfaction of learned

          Additional Chief Judicial Magistrate-1st East Champaran,

          Motihari or its successor court subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C. as also the other

          conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) The petitioners shall be appearing before the

          police station as and when required for cooperating in the

          investigation;
             Patna High Court CR. MISC. No.20836 of 2026(2) dt.08-04-2026
                                                         4/4




                                    (iii) 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 their bail bond by the Trial Court itself;

                                    (iv) 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;

                                    (v) the petitioners shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of their bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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