Patna High Court
Deepak SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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