Patna High Court
Pramod Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
Petitioners Pramod Kumar Sahani and Manod Kumar Sahani sought anticipatory bail fearing arrest in a 2015 case (Shikarpur P.S. No.1090) involving alleged assault with a sharp weapon, theft of jewellery and other offences under the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners attacked the informant and his wife during a dispute over illegal construction, causing injuries and stealing gold earrings. The petitioners contended they were falsely implicated, asserting a family partition dispute and noting a prior complaint against them had been dismissed under Section 226 of the BNSS. The State opposed the bail. The Court, considering the lack of serious injury, the dismissal of the earlier complaint and the petitioners' claim of innocence, granted anticipatory bail subject to conditions under Section 482(2) of the BNSS, including cooperation with investigation and verification of criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations and prior dismissal of a complaint.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 175(3), 226, 303(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Section 175(3)
- Section 226
- family dispute
- false implication
- assault
- theft
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21210 of 2026
Arising Out of PS. Case No.-1090 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
1. Pramod Kumar Sahani Son of Late Hoshila Sahani Resident of Village-
Diuliya, P.S.- Shikarpur, District- West Champaran
2. Manod Kumar Sahani @ Manoj Kumar Sahani Son of Late Hoshila Sahani
Resident of Village- Diuliya, P.S.- Shikarpur, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Adv
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Shikarpur P.S. Case No. 1090 of 2015, registered for the
offence punishable under Sections 126(2), 115(2), 109(1),
303(2), 352, 3(5) of the B.N.S., 2023 on the basis of Complaint
Case No. 283 of 2025 referred under Section 175(3) of the
BNSS.
3. The case of the prosecution, in short, is that the
informant alleged that the accused persons were illegally
constructing a house on his share of land. When his mother
objected, the accused persons started abusing her. When other
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family members intervened, one of the accused persons attacked
the informant and his wife with a sharp weapon (farsa), causing
serious injuries. During the incident, the accused also snatched
gold earrings worth ₹22,000 from the informant’s wife. When
the informant tried to protect her, he was again beaten and
injured. On hearing the noise, nearby people came and rescued
the family members. The injured were first taken to the Sub-
Divisional Hospital, Narkatiaganj, and then referred to
G.M.C.H., Bettiah for treatment.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. They
have falsely been implicated in this case. The allegations
levelled against them are false and fabricated. He further
submits that the petitioners and informant are full brothers and
have been bickering over partition dispute. He further submits
that the petitioners were made accused in Complaint Case No.
2632 of 2024 by the informant himself but after enquiry, the
same was dismissed under Section 226 BNSS.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. The allegation in the FIR is that the petitioners have
assaulted the informant by farsa, causing injuries to the
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informant and his wife. The impugned order records that the
injury sustained by Pankaj Kumar Sahni and Rani Devi are
simple in nature, although it was inflicted on vital part of the
body. The petitioners were made accused in Complaint Case No.
2632 of 2024 by the informant himself but after enquiry, the
same was dismissed under Section 226 BNSS, this disclosure
has been made in paragraph 3 of this application. Considering
the aforesaid facts and circumstances of the present case, this
Court is inclined to grant privilege of anticipatory bail to the
petitioners.
7. Let the petitioners, named above, in the event of
their arrest or surrender before the Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-VI, Bettiah, West Champaran in connection
with Shikarpur P.S. Case No. 1090 of 2015, subject to the
conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and subject to the further
condition that:-
(i) the petitioners shall co-operate in the
investigation/trial.
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(ii) the learned Court would, however, verify the
criminal antecedent of the petitioners and in case it is found that
the petitioners have concealed their criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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