Patna High Court
Feku Sahani @ Arvind Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Given the simple nature of injuries, the case‑and‑counter‑case, and the petitioners’ clean antecedents, the court allowed anticipatory bail.
Summary
The petitioners, Feku Sahani and Ramlal Sahani, sought anticipatory bail fearing arrest in a case (Sugauli PS Case No. 315 of 2020) alleging offences under Sections 147, 341, 323, 324, 307, 354B, 379, 504 and 506 of the IPC. The prosecution alleged that the petitioners assaulted an informant and her family with an iron rod, lathi and knife. The petitioners contended they were innocent, stating the incident was a petty dispute between pattidars resulting in a case‑and‑counter‑case with only simple injuries, and they have clean antecedents. The State opposed the bail. Considering the nature of the injuries, the existence of a case‑and‑counter‑case and the petitioners’ clean record, the High Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a condition under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious IPC charges.
- Whether the nature of injuries and the existence of a case‑and‑counter‑case justify bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 147, 307, 323, 324, 341, 354B, 379, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- case and counter‑case
- clean antecedents
- bail conditions
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32467 of 2026
Arising Out of PS. Case No.-315 Year-2020 Thana- SUGAULI District- East Champaran
======================================================
1. Feku Sahani @ Arvind Kumar Sahani S/o- Binda Sahani Village- Hata
Baksha , Ps- Sugauli, District- East Champaran
2. Ramlal Sahani S/o- Yodha Sahani R/v- Manshigha Ps- Sugauli Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Rajeev Ranjan, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 02-07-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 147, 341,
323, 324, 307, 354B, 379, 504 and 506 of the Indian Penal
Code.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
assaulted informant and her family members with iron rod, lathi
and knife.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.32467 of 2026(3) dt.02-07-2026
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behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Both parties are Pattidar and on
account of petty dispute, a free fight took place between the
parties in which both sides sustained injuries. There is case and
counter-case. Doctor has found the injuries, allegedly caused by
these petitioners, simple in nature. Petitioners claim clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, nature of injuries allegedly caused by these petitioners,
case and counter-case between the parties and clean antecedents
of the petitioners, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned J.M. First Class, East
Champaran at Motihari in connection with Sugauli P.S. Case
No. 315 of 2020, subject to condition as laid down under
Patna High Court CR. MISC. No.32467 of 2026(3) dt.02-07-2026
3/3
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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