Patna High Court
Arun Sahni @ Arun Kumar @ Arun Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is denied to petitioners No.1 and No.5 due to specific allegations, but granted to the remaining petitioners.
Summary
The petitioners, a group of twelve individuals from Kishunpur Madhuban, sought anticipatory bail fearing arrest in a case (No. 36 of 2026) alleging assault, robbery and other offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners assaulted an informant’s family and stole jewellery. The petitioners claimed innocence, asserting they were falsely implicated on the occasion of Holi. The court examined the allegations and found specific charges against petitioners No.1 (Arun Sahni) and No.5 (Vikash Kumar), leading to the rejection of anticipatory bail for them, while granting it to the remaining petitioners subject to bail bonds and sureties. The court directed the latter to surrender within four weeks for regular bail and clarified that its observations were prima facie and not determinative of the trial’s merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the specific and general allegations against them.
- Whether the presence of specific allegations against certain petitioners precludes the grant of anticipatory bail to those individuals.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nyaya Sanhita are satisfied for the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 329(3)(4), 3(5), 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- assault
- theft
- criminal procedure
- bail conditions
- specific allegations
- general allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38602 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- KUDHNI District- Muzaffarpur
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1. Arun Sahni @ Arun Kumar @ Arun Kumar Sahani Son of Ramchandra
Sahani Resident of Village- Kishunpur Madhuban, P.S.- Kudhani @
Kurhani, District- Muzaffarpur.
2. Kashan Kumar @ Kishan Kumar Son of Puna Sahani Resident of Village-
Kishunpur Madhuban, P.S.- Kudhani @ Kurhani, District- Muzaffarpur.
3. Gaurav Kumar Son of Lakhindra Sahani Resident of Village- Kishunpur
Madhuban, P.S.- Kudhani @ Kurhani, District- Muzaffarpur.
4. Sonu Das @ Sonu Kumar @ Sonu Kumar Das Son of Saukhi Das Resident
of Village- Kishunpur Madhuban, P.S.- Kudhani @ Kurhani, District-
Muzaffarpur.
5. Vikash Kumar Son of Rambabu Sahani Resident of Village- Kishunpur
Madhuban, P.S.- Kudhani @ Kurhani, District- Muzaffarpur.
6. Dharambeer Sahni Son of Ram Pravesh Sahani Resident of Village-
Kishunpur Madhuban, P.S.- Kudhani @ Kurhani, District- Muzaffarpur.
7. Sonu Kumar Son of Deeplal Sahani Resident of Village- Kishunpur
Madhuban, P.S.- Kudhani @ Kurhani, District- Muzaffarpur.
8. Lalan Kumar Son of Devnath Sahani Resident of Village- Kishunpur
Madhuban, P.S.- Kudhani @ Kurhani, District- Muzaffarpur.
9. Sanjeet Kumar Son of Ramnath Sahani Resident of Village- Kishunpur
Madhuban, P.S.- Kudhani @ Kurhani, District- Muzaffarpur.
10. Lakshaman Sahni @ Laxman Sahni Son of Kailash Sahani Resident of
Village- Kishunpur Madhuban, P.S.- Kudhani @ Kurhani, District-
Muzaffarpur.
11. Rajnandan Sahani Son of Devnath Sahani Resident of Village- Kishunpur
Madhuban, P.S.- Kudhani @ Kurhani, District- Muzaffarpur.
12. Sonu Sahani Son of Bharat Sahani Resident of Village- Kishunpur
Madhuban, P.S.- Kudhani @ Kurhani, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioners and
Patna High Court CR. MISC. No.38602 of 2026(2) dt.17-06-2026
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learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Kudhani @ Kurhani P.S. Case No. 36 of 2026 registered for
offences under Sections 191(2), 191(3), 109, 190, 115(2),
126(2), 118(1), 117(2), 303(2), 329(3)(4) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
alleged to have assaulted the informant, her husband and other
family members causing injury and also snatched the
informant’s gold chain, earrings and gold bangles.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that the occurrence took place on
the day of Holi and the petitioners have been falsely been
implicated in this case.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. I have heard the rival submissions of the parties and
perused the materials available on record.
7. There are specific allegations of assault against
petitioner nos. 1 and 5, namely Arun Sahni @ Arun Kumar @
Arun Kumar Sahani and Vikash Kumar.
Patna High Court CR. MISC. No.38602 of 2026(2) dt.17-06-2026
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8. In view of the specific allegations against petitioner
nos. 1 and 5, their prayer for anticipatory bail is rejected.
9. However, they are at liberty to surrender before the
concerned Court below within a period of two weeks from today
and seek regular bail, if so advised.
10. So far as the remaining petitioners (except the
petitioner nos. 1 and 5) are concerned, there are general and
omnibus allegation against them.
11. Considering the general and omnibus allegation
against the petitioners (except the petitioner nos. 1 and 5), their
prayer for anticipatory bail is allowed.
12. Accordingly, let the petitioners (except the
petitioner nos. 1 and 5), above-named, in the event of their
arrest or surrender within four weeks from today in the Court
below, be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Kudhani @ Kurhani P.S. Case No. 36 of 2026 subject to the
conditions as laid down under Section 482(2) of the BNSS.
13. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.38602 of 2026(2) dt.17-06-2026
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adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
14. This application is partly allowed.
(Sandeep Kumar, J)
Shishir/-
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