Patna High Court
Sanjay SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to bond, sureties, and conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Sanjay Sahani, his wife Sona Devi, and his brother Vinod Sahani, sought anticipatory bail fearing arrest in a case (PS 370/2025) that alleged offences under numerous sections of the BNS and Section 45 of the Bihar Prohibition and Excise (Amendment) Act. They contended that they have clean antecedents (Vinod having one prior excise case) and that the allegations of mob violence against police were vague and made only to pressure their relative Nagendra Sahni. The State opposed the bail, arguing the seriousness of the offences. The Court examined the submissions and, noting the lack of direct involvement and the general nature of the accusations, granted anticipatory bail subject to a Rs 10,000 bond and two sureties, with conditions under Section 482(2) of the CrPC. The order directs the trial court to release the petitioners if arrested within six weeks, provided they comply with the bail conditions.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances of the case
- Whether the allegations against the petitioners are sufficient to deny bail
Legislation cited
- BNS — s. 109, 115(2), 118(1), 126(2), 132, 190, 191(2), 191(3), 223, 324(4), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 482
- mob assault
- police violence
- bail conditions
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25281 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
1. Sanjay Sahani S/o Nagendra Sahani Resident of village - Panditpur, Malahi
Tola, P.S.- Piprakothi, Distt.- East Champaran
2. Sona Devi W/o Sanjay Sahani Resident of village - Panditpur, Malahi Tola,
P.S.- Piprakothi, Distt.- East Champaran
3. Vinod Sahani S/o Nagendra Sahani Resident of village - Panditpur, Malahi
Tola, P.S.- Piprakothi, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 1. Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 223, 191(2),
191(3), 190, 126(2), 115(2), 118(1), 324(4), 132, 109, 352, 351(3)
of the BNS and Section 45 of Bihar Prohibition and Excise
(Amendment) Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 and 2 are persons with clean antecedent and
petitioner no.3 has antecedent of one case under the Excise Act
and petitioner no.2 is a woman and allegation is that a mob created
ruckus when police force reached the house of Nagendra Sahni
and damaged the government vehicle and even assaulted the force
leading to injury.
Patna High Court CR. MISC. No.25281 of 2026(2) dt.21-04-2026
2/2
4. It is next submitted that petitioners were not arrested
from the spot. It is also submitted that allegation of assault is
general and omnibus in nature. It is next submitted that petitioners
came to be implicated being sons and daughter-in-law of Nagendra
Sahni. It is also submitted that petitioners have been implicated
only with a view to coerce Nagendra Sahni into submission with
general and omnibus allegation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Piprakothi
P.S. Case No.370/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…