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Patna High Court

Shivnath Sahni @ ShivnathversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to bond and conditions under the B.N.S.S., 2023.

Summary

Shivnath Sahni sought bail in a criminal matter (Minapur P.S. Case No. 178 of 2022) where he was accused of offences under Sections 341, 323, 324, 307, 354 and 34 of the Indian Penal Code for allegedly assaulting an informant with an iron rod. The petitioner contended that he was innocent, that the dispute was a private feud with both parties filing FIRs against each other, and that he had a clean antecedent. The State opposed bail, emphasizing the seriousness of the charges. The Court examined the facts, noted the existence of a counter‑case, and applied the provisions of the Bihar Non‑Contagious Substances (B.N.S.S.) Act, 2023. It ordered that bail be granted on a bond of Rs.30,000 under Section 2(1)(d) of the B.N.S.S., 2023, subject to conditions prescribed under Section 482(2) and additional compliance requirements. The petitioner was directed to surrender to the trial court within four weeks and to appear on all scheduled dates.

Issues considered

  • Whether bail should be granted to the petitioner under the B.N.S.S., 2023 despite pending charges under the IPC.
  • Whether the existence of a counter‑case and the petitioner’s clean antecedent justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • assault
  • case and counter case
  • Bihar Non‑Contagious Substances Act
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38074 of 2026
                    Arising Out of PS. Case No.-178 Year-2022 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Shivnath Sahni @ Shivnath S/o- Jagdish Sahni R/Village- Dharpur PS-
                 Minapur Dist- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hans Lal Kumar, Advocate
                 For the Opposite Party/s :       Mrs. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Minapur P.S. Case No. 178 of 2022 lodged on 25.04.2022,

                   for the offence punishable under Sections 341, 323, 324, 307,

                   354 & 34 of the Indian Penal Code.

                                3. As per the prosecution, FIR has been lodged against

                   four named accused persons including the present petitioner

                   alleging that all the accused persons in connivance with each

                   other entered in the house of the informant and assaulted and

                   abused him. The allegation against the petitioner is that he has

                   assaulted the informant by iron rod due to which, injury has

                   been caused.
Patna High Court CR. MISC. No.38074 of 2026(2) dt.17-06-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that the informant and petitioner are gotia and for the

          same date and place of occurrence, there are case and counter

          case filed from both the sides. He submits that it is not the

          petitioner, rather, the informant’s side who have assaulted the

          entire family members of the petitioner. In this regard, the

          petitioner himself has lodged FIR against the informant’s side

          bearing Minapur P.S. Case No. 179 of 2022, whereas, the

          present case has been lodged from the informant’s side bearing

          Minapur P.S. Case No. 178 of 2022. Counsel submits that the

          injury has been caused to both the sides and the dispute has

          occurred between the parties only on petty issue i.e. to say,

          keeping the bhusa in the house, as alleged in the FIR. He further

          submits that the petitioner has clean antecedent and he is ready

          to fulfill all the conditions whatsoever shall be imposed upon

          him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that there are case and

          counter case filed from both the sides.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on bail, in
             Patna High Court CR. MISC. No.38074 of 2026(2) dt.17-06-2026
                                                         3/3




                       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 mentioned in Section

                       2(1)(d) of the B.N.S.S., 2023 to the satisfaction of J.M.F.C.-8,

                       Muzaffarpur East, in connection with Minapur P.S. Case No.

                       178 of 2022, subject to the conditions as laid down U/s 482(2)

                       of the B.N.S.S., 2023 with further conditions:-

                                    (i) one of the bailors should be the family member of

                       the petitioner who shall provide official document to show

                       his/her bona fide;

                                    (ii) the petitioner shall appear before the Trial Court

                       on each and every scheduled date, and failure to do so for two

                       consecutive dates without any plausible reason/explanation shall

                       be resulted into cancellation of his bail bonds by the Trial Court

                       itself;



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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