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Patna High Court

Deepak SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court grants anticipatory bail to the petitioner subject to conditions under Section 438(2) of the Code of Criminal Procedure.

Summary

The petitioner, Deepak Sahani, sought anticipatory bail fearing arrest in connection with FIR No.226 of 2025 alleging assault on the informant's son with a farsa. The FIR listed offences under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the Bihar Penal Code. The petitioner argued he has a clean antecedent, the injury was simple, and co‑accused had already been granted anticipatory bail. The State opposed the bail, contending the seriousness of the offences. Considering the petitioner’s clean record, the minor nature of the injury, and the precedent of bail to co‑accused, the court granted anticipatory bail subject to conditions under Section 438(2) of the Code of Criminal Procedure, including a bail bond of Rs.10,000 and compliance with further directives.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the alleged offences and his antecedents

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Criminal Procedure
  • assault
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2812 of 2026
                      Arising Out of PS. Case No.-226 Year-2025 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Deepak Sahani Son of Maharaj Sahani Resident of Village- Ghonghiya, P.S.-
                 Bahera, District- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Girish Chandra Jha, Advocate
                 For the Opposite Party/s :       Mr.Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-02-2026                  Heard Mr.Girish Chandra Jha, learned counsel for the

                   petitioner and Mr.Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Bahera P.S.Case No.226 of 2025,FIR dated

                   26.06.2025 registered for the offences punishable under

                   Sections      126(2),115(2),118(1),109,303(2),352,351(2),3(5)                    of

                   BNS.

                                3. Allegation against the petitioner is that he assaulted

                   the son of the informant on his head with Farsa.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent. He has falsely been implicated

                   in the present case. As per allegation in the FIR that the

                   petitioner has assaulted to the son of the informant by means of
Patna High Court CR. MISC. No.2812 of 2026(2) dt.17-02-2026
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          Farsa on his head. Although the son of the informant has

          received the injury but the injury report of the son of the

          informant suggests that the injury is simple in nature caused by

          the hard and blunt substance. Further submits that the co-

          accused persons, namely, Maharaj Sahani, Satyan Sahani and

          Sevak Sahani have been granted privilege of anticipatory bail

          by the learned court below itself.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent, injury inflicted upon the son of the informant is

          simple in nature and co-accused persons, namely, Maharaj

          Sahani, Satyan Sahani and Sevak Sahani have been granted

          privilege of anticipatory bail by the learned court below itself,

          let the petitioner, above named, in the event of his arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released 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

          A.C.J.M.-I, Benipur, Darbhanga in connection with Bahera

          P.S.Case No.226 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure and
               Patna High Court CR. MISC. No.2812 of 2026(2) dt.17-02-2026
                                                           3/3




                         with other following conditions:-

                                      (I) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his/her

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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