Patna High Court
Sanjiv SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 3(5), 352
- Code of Criminal Procedure, 1973 — s. 438, 482
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
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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/-
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(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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