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Patna High Court

Sanjiv SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to anticipatory bail as he has made out a prima facie case for its grant.

Summary

Petitioner Sanjiv Sahani sought anticipatory bail fearing arrest in a case (PS Manjhararh Case No. 74 of 2025) alleging offences under Sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the B.N.S. The FIR alleged that he, along with others, intercepted an informant, abused and assaulted him with a lathi, danda and farsa, causing head injuries, and also assaulted the informant’s family. The petitioner contended that he was falsely implicated due to village politics, that any injury caused was in self‑defence and was minor, and that the matter was a retaliatory case linked to another police case (No. 73 of 2025). The State opposed the bail. After considering the FIR, the injury report, the petitioner’s clean antecedent and the claim of a counter‑blast, the Court held that a prima facie case for anticipatory bail existed and ordered his release on bail pending arrest, subject to a bond and sureties, and directed verification of his criminal antecedent.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the allegations under Sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the B.N.S.
  • Whether the circumstances, including alleged self‑defence and the petitioner’s clean antecedent, justify the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • self-defence
  • false implication
  • political vendetta
  • Section 438 CrPC
  • Section 482 CrPC
  • B.N.S. offences
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21329 of 2026
                   Arising Out of PS. Case No.-74 Year-2025 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Sanjiv Sahani S/O Binod Sahani R/O - Murgraha, P.S- Manjhagarh, District-
                 Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Subhash Kumar, Advocate
                 For the Opposite Party/s :      Mr.Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-04-2026                          Heard Mr. Subhash Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Prem Kumar Jha,

                   learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Manjhararh Police Station Case No. 74 of 2025 registered

                   under Sections 126 (2), 115(2) 118(1), 109, 352, 3(5) of B.N.S.

                                3. As per the allegation made in the FIR, the accused

                   persons, including the petitioner, allegedly intercepted the

                   informant on his way, abused him, and assaulted him with lathi,

                   danda and farsa, causing him head injuries, and also assaulted

                   his family members.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   falsely been implicated in the present case due to village
Patna High Court CR. MISC. No.21329 of 2026(2) dt.16-04-2026
                                            2/3




          politics. The petitioner in self defence may have caused some

          injury on the person of the informant. The injury report

          (Annexure-2) shows the injury to be simple in nature. There is

          case and counter case between the parties. The present case is a

          counterblast to Manjhagarh P.S. Case No. 73 of 2025

          (Annexure-3). The petitioner has clean antecedent. On these

          grounds, the petitioner seeks to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as having considered the allegations made

          in the FIR and the materials available on record, including the

          fact that although there is an allegation of assault by farsa, the

          injury report indicates the injury to be simple in nature, and

          further considering that the case appears to be a counterblast to

          Manjhagarh P.S. Case No. 73 of 2025 and that the petitioner has

          clean antecedent, I am of the opinion that the petitioner has,

          prima facie, made out a case to be released on anticipatory bail.

                       7. The learned District Court is directed to release the

          petitioner on anticipatory bail, in the event of his arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-
           Patna High Court CR. MISC. No.21329 of 2026(2) dt.16-04-2026
                                                       3/3




                     (Ten thousand) with two sureties of the like amount each, to the

                     satisfaction of learned District Court where the case is pending/

                     in connection with Manjhararh Police Station Case No. 74 of

                     2025, subject to the condition as laid down under Section 482 of

                     the BNSS//438(2) of the Cr.P.C.

                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioner, as stated in

                     paragraph no. 3 of the bail application. If any other case is

                     pending against the petitioner, as what has been stated in

                     paragraph no. 3, this order will lose its force automatically.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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