Patna High Court
Laxman Sah Soni @ Lakshman Kumar Sah @ Laxman Sah @ SoniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Laxman Sah Soni, faced arrest in connection with a FIR alleging extortion, assault, threats with a firearm, and theft of valuables, charging him under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He contended that he was innocent, stating that he merely instructed co‑accused to place a pistol on the informant’s waist and that inter‑village rivalries explained the allegations. The State opposed bail, arguing that the petitioner was implicated in the alleged offences. The court examined whether there was sufficient material to justify denial of anticipatory bail under the B.N.S.S. provisions. Finding the petitioner’s antecedents clean and the lack of concrete evidence against him, the court granted anticipatory bail subject to a bond and conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 2(1)(d) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the material on record justifies denial of bail under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 127(2), 190, 191(2), 191(3), 2(1)(d), 303(2), 308(2), 482(2)
Subjects
- anticipatory bail
- extortion
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- Section 2(1)(d)
- bail bond
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32109 of 2026
Arising Out of PS. Case No.-493 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Laxman Sah Soni @ Lakshman Kumar Sah @ Laxman Sah @ Soni Son of
Radhakishun Sah @ Radha Sah Resident of Village- Sisahani, P.S.-
Pakaridayal, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Pakaridayal P.S. Case No. 493 of 2025 lodged on
25.10.2025, for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 127(2), 308(2), 109(1), 118(1) &
303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
10 named accused persons including the present petitioner and
8-10 unknown persons with allegation that they have
surrounded the informant and threatened him for extortion
money. It has also been alleged that some of the accused persons
have assaulted the informant and also threatened him on gun
Patna High Court CR. MISC. No.32109 of 2026(2) dt.07-05-2026
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point. Allegation of snatching of golden chain worth
Rs.2,00,000/- and cash amounting Rs.20,000/- from the
informant is also there in the FIR.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the informant’s side and the petitioner’s side, both
are resident of adjacent village and due to spreading dominance
in the village, the persons of both the village always used to
scuffle with each other. He submits that for the same date and
place of occurrence, there are case and counter case from both
the sides. He further submits that so far as the role of the present
petitioner is concerned, he has only told the co-accused to put
the pistol in the waist of the informant. He further submits that
the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that there is no act or overt act
or any action is there against the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
Patna High Court CR. MISC. No.32109 of 2026(2) dt.07-05-2026
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mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of C.J.M., Motihari, East Champaran, in connection
with Pakaridayal P.S. Case No. 493 of 2025, subject to the
conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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