Jalim Sahani @ Jalim @ Jalim KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34521 of 2026
                  Arising Out of PS. Case No.-774 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
           1.     Jalim Sahani @ Jalim @ Jalim Kumar S/o Late Panalal Sahani Resident of
                  village - Babam Dhawahi, P.S - Harsidhi, District - East Champaran
           2.    Vinod Sahani @ Binod Sahani S/o Late Panalal Sahani Resident of village -
                 Babam Dhawahi, P.S - Harsidhi, District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, APP
                 For the Informant        :       Mr. Pawan Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   02-07-2026                    Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioners, Mr. Pawan Kumar, learned counsel for the informant

                   and Mr. Kalyan Shankar, learned Additional Public Prosecutor

                   for the State.

                                2. Learned counsel for the petitioners submits that

                   during pendency of the bail application, the petitioner no. 1,

                   namely, Jalim Sahani @ Jalim @ Jalim Kumar has been

                   arrested. Hence, the present application with respect to

                   petitioner no. 1 has become infructuous. Therefore, he seeks

                   permission to withdraw the application with respect to petitioner

                   no. 1.

                                3. Permission is accorded.
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                       4. Accordingly, the present application stands

          dismissed as withdrawn as having become infructuous with

          respect to petitioner no. 1.

                      5. The petitioner no. 2 is apprehending his arrest in

          connection with Harsidhi P.S. Case No. 774 of 2025, F.I.R.

          dated 22.11.2025 for the offences punishable under Sections

          115(2), 117(2), 126(2), 76, 109, 303(2), 351, 352 and 3(5) of the

          BNS, 2023.

                      6.    According to prosecution case, all the accused

          persons including this petitioner assaulted the informant and her

          family members and looted ornaments and articles from her

          house worth Rs. 5 lakhs.

                      7. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. It appears from the FIR that the

          petitioner has assaulted to one Mukhtar Sahani by means of

          knife and iron rod due to which he received injury but the injury

          report of Mukhtar Sahani, which was recorded in paragraph no.

          22 of the case diary, suggest that the injury is simple in nature

          caused by hard and blunt object which does not goes with the

          allegation as alleged in the FIR against the petitioner.

                      8. The learned counsel for the informant as well as
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          learned Additional Public Prosecutor have vehemently opposed

          the prayer for bail of the petitioner.

                       9. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and medical report does

          not support the allegation as alleged against him in the FIR, let

          the petitioner, namely, Vinod Sahani @ Binod Sahani, 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 the learned Judicial Magistrate 1st

          Class, East Champaran, Motihari in connection with Harsidhi

          P.S. Case No. 774 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Code of Criminal Procedure

          and 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 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
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                      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)
Vanisha/-

U      T