Created by Fuzzy Cloud

Patna High Court

Pramod Kumar SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.21210 of 2026(2) dt.08-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.21210 of 2026(2) dt.08-04-2026
                                            3/4




          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.
              Patna High Court CR. MISC. No.21210 of 2026(2) dt.08-04-2026
                                                          4/4




                                     (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


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.