Patna High Court
Phuleshwar Sahani @ Fulo SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to payment of bail bonds and a demand draft to the informant.
Summary
The petitioner, Phuleshwar Sahani, applied for bail in a case registered as Katra P.S. Case No.01 of 2026, wherein he and co‑accused were alleged to have assaulted a victim causing injury, violating several provisions of the Bharatiya Nyaya Sanhita. He had been in custody since 20 January 2026. The petitioner did not admit guilt but offered to pay Rs. 25,000 to the informant for treatment. The court, considering the period of detention, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount and to produce a demand draft of Rs. 25,000 in the informant’s name. The court clarified that its order was limited to the bail matter and did not prejudice the merits of the trial. The bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita for the alleged offences
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 351(4), 352, 74
Subjects
- bail
- Bharatiya Nyaya Sanhita
- assault
- surety
- informant
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21130 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- KATRA District- Muzaffarpur
======================================================
Phuleshwar Sahani @ Fulo Sahni S/o Late Palatan Sahani Resident of
Village- Dhanaur, P.S.- Katra, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nidhi Anand, Advocate
For the State : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Katra
P.S. Case No. 01 of 2026 registered for the offence punishable
under Sections 126(2), 115(2), 117(2), 109, 74, 352, 351(2),
351(4) and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioner and other accused persons are said to
have assaulted the victim causing injury.
4. The petitioner in custody since 20.01.2026.
5. Learned counsel for the petitioner submits that
there is general and omnibus allegation against the petitioner of
causing injury. He further submits that the petitioner without
accepting his guilt is ready to pay an amount of Rs. 25,000/- to
the informant for treatment.
Patna High Court CR. MISC. No.21130 of 2026(2) dt.02-04-2026
2/2
6. Considering the period of custody, this application
is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
J.M.F.C., Muzaffarpur East/ concerned Court in connection with
Katra P.S. Case No. 01 of 2026.
8. At the time of furnishing bail bonds, the petitioner
is directed to bring the demand draft of Rs. 25,000/- in the name
of the informant and then only his bail bonds shall be accepted.
The demand draft of Rs. 25,000/- shall be handed over to the
informant by the Court below.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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