Created by Fuzzy Cloud

Patna High Court

Feku Sahani @ Arvind Kumar SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.