Patna High Court
Sachit Sahani @ Sachin SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified.
Summary
The petitioner, Sachit Sahani, was implicated in a FIR alleging assault on an informant and her family, including the alleged theft of a gold chain worth Rs. 50,000. He applied for anticipatory bail, claiming innocence and arguing that the allegations were vague and the injuries were minor. The State opposed the bail application. The Court examined the nature of the accusations, the seriousness of the alleged offences under various sections of the Bharatiya Nyaya Sanhita, and the risk of arrest. Considering the circumstances, the Court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations in the FIR constitute a sufficient ground to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27283 of 2026
Arising Out of PS. Case No.-481 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Sachit Sahani @ Sachin Sahani S/O Munilal Sahani Resident of Village-
Baishakhwa, Police Station- Kesariya, District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109(1), 76, 303(2), 351(2), 352, 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., this petitioner along with other
named accused persons assaulted informant and her family
members by means of lathi, danda, iron rod, knife etc. This
petitioner is alleged to have snatched gold chain worth Rs.
50,000/-.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus and there is no allegation of
specific overt act against petitioner. Injuries sustained by the
Patna High Court CR. MISC. No.27283 of 2026(2) dt.29-04-2026
2/2
injured are simple in nature. Rest of the allegations are
ornamental only to make the case grave.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and injury, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran, Motihari in connection with
Kesariya P. S. Case No. 481 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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