Patna High Court
Shivnath Sahni @ ShivnathversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bihar Non‑Contagious Substances Act — s. 2(1)(d), 482(2)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 354
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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