Hakim SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30680 of 2026
                  Arising Out of PS. Case No.-774 Year-2025 Thana- HARSIDHI District- East Champaran
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                 Hakim Sahani S/o- Panna Lal Sahani Resident of village- Baban Dhabahi
                 P.S.- Harsidhi District- East Champaran
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh
                 For the Opposite Party/s :       Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   05.02.2026 in connection with Harsidhi P.S. Case No. 774 of

                   2025 for the offences punishable under Sections 115(2), 117(2),

                   126(2), 76, 109, 303(2), 351, 352 and 3(5) of the BNS.

                               3. The case of the prosecution, in brief, is that on

                   22.11.2025 the Informant, namely, Nilam Devi, gave written

                   statement to S.H.O., Harsidhi P.S. stating therein that on the

                   alleged date of occurrence i.e. on 20.11.2025 at about 07:00

                   hours in the night, while the informant alongwith his family

                   members were taking heat at their door, in the meantime co-

                   accused, namely, Zalim Sahani, Jitesh Kumar and Vinod Sahani

                   came on motorcycle and struck Girja Sahani and Shanti Devi, as

                   a result of which, both hand of Girja Sahani was broken and

                   hurt the Shanti Devi in her waist, thereafter, all the accused

                   persons torn the cloth of the Shanti Devi, as a result of which,
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          she became disrobe. It has further been alleged that on rescue

          the informant's husband came there, then Hakim Sahani

          (petitioner), Rajharan Sahani, Mengu Kumar, Sonu Kumar,

          Pooja Kumari, Arun Sahani, Manu Kumar, Ritesh Kumar armed

          with deadly weapons came at the door of the informant and

          Hakim Sahani (petitioner) ordered to kill them, in the meantime,

          co-accused. Zalim Sahani. Vinod Sahani armed with farsa

          attacked on the head of the informant's husband, namely, Wakil

          Chaudhary, as a result of which, he sustained head injury with

          oozing. It has further been alleged that co-accused, namely,

          Rajharan Sahani, Mengu Kumar assaulted the informant with

          iron rod on her head, she saved herself but the said iron rod hit

          her left hand three fingers. It has further been alleged that Vinod

          Sahani stabbed to the informant's brother-in-law, namely,

          Mukhtar Sahani on his neck, thereafter, all the accused persons

          attacked with barchhi. It has further been alleged that all the

          accused persons assaulted with iron rod, lathi and co- accused,

          namely, Sonu Kumar and Pooja Kumari snatched gold chain

          from the neck of the informant worth Rs. 1,00,000/- (Rupees

          One Lac Only). It has further been alleged that co-accused,

          namely, Arun Sahani, Manu Kumar, Ritesh Kumar and other

          entered in the house of the informant and looted away
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          ornaments and other items from her house. Villagers came there,

          who taken the injured persons to Hospital for treatment.

                      4.    Learned counsel for the petitioner submits that

          petitioner has clean antecedent and it appears from the FIR that

          due to some petty dispute the present occurrence has taken place

          although the petitioner is not named in the FIR. It is next

          submitted that from perusal of the FIR it appears that there is no

          direct and specific role assigned against the petitioner in the FIR

          when petitioner is only the order giver and his orders other

          accused persons have assaulted the informant and his family

          members. It is also submitted that there is no specific allegation

          that petitioner has assaulted anyone. It is also submitted that

          there is a case and counter-case between the parties and

          petitioner is in custody since 05.02.2026

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 the learned Chief

          Judicial Magistrate, East Champaran, Motihari or Successor

          Court in connection with Harsidhi P.S. Case No. 774 of 2025,
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                     subject to the 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 absence on two consecutive dates without sufficient

                     reason, his 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

                     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)
Gaurav Sinha/-

U      T