Patna High Court
Jasychandra SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to all four petitioners subject to specified conditions.
Summary
The petitioners, four residents of Dhanushi village, sought anticipatory bail fearing arrest in connection with Benipatti P.S. Case No. 75 of 2024, which involved multiple IPC offences. They asserted innocence, clean antecedents, and the absence of any incriminating material in their possession, while the State opposed the bail. The court noted the specific allegations against each petitioner—assault, outraging modesty, and coercion to obtain a signature—but observed that the other co-accused had already been granted anticipatory bail. Considering the petitioners' clean records and the general nature of the allegations, the court inclined to grant anticipatory bail. Accordingly, the court ordered that each petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to cooperation with investigation and verification of antecedents, with bail liable to cancellation if false information is discovered.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Criminal Procedure Code and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the allegations against them.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- IPC offences
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23101 of 2026
Arising Out of PS. Case No.-75 Year-2024 Thana- BENIPATTI District- Madhubani
======================================================
1. Jasychandra Sahni Son of Maksudan Sahni Resident of village- Dhanushi
P.S.- Benipatti District- Madhubani
2. Pankaj Mahto Son of Ram Bilash Mahto Resident of village- Dhanushi P.S.-
Benipatti District- Madhubani
3. Uday Mahto Son of Rameshwar Mahto Resident of village- Dhanushi P.S.-
Benipatti District- Madhubani
4. Gurusaran Mahto @ Sonu Kumar Kushwaha Son of Taju Mahto Resident of
village- Dhanushi P.S.- Benipatti District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Benipatti P.S. Case No. 75 of 2024, registered for the
offences punishable under Section 147, 148, 149, 323, 341, 386,
307, 354(B), 449, 120(B), 279, 380/34 of IPC.
3. The learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated.
They are the persons of clean antecedent. No incriminating
article has been recovered from the possession of the petitioners.
Patna High Court CR. MISC. No.23101 of 2026(3) dt.06-05-2026
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The allegations are general and omnibus.
4. On the other hand, the learned APP for the State has
opposed the prayer for bail.
5. The allegation against petitioner Jasychandra Sahni
is of assaulting informant’s wife but the same has led to simple
injury. The allegation against petitioner Uday Mahto and
Gurusaran Mahto is of misbehaving with Munni Devi during the
course of the occurrence, which has been described as outraging
her modesty. The allegation against the petitioner Pankaj Mahto
is of having forcibly obtained signature on blank paper from the
informant by threatening to kill him. All the four petitioners
have clean antecedent. The other twelve co-accused persons
have already been granted privilege of anticipatory bail by the
court below. Under these circumstances, I am inclined to grant
privilege of anticipatory bail to all the four petitioners .
6. Let the petitioners, as named above, in the event of
their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Judicial Magistrate, Benipatti in
connection with Benipatti P.S. Case No. 75 of 2024, subject to
the conditions laid down under section 438(2) of the Code of
Patna High Court CR. MISC. No.23101 of 2026(3) dt.06-05-2026
3/3
Criminal Procedure/Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and subject to further condition that :-
(i) The petitioners shall co-operate in the
investigation/ trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioners and in case it is found
that the petitioners have concealed his 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)
kundan/-
U T
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