Patna High Court
Anil Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioners subject to bond and surety conditions.
Summary
The petitioners, four residents of Rupnagar village, sought bail in a case registered under multiple IPC sections including assault, attempt to outrage modesty, and robbery. The FIR alleged that they assaulted the informant with weapons and attempted to outrage his modesty during a land boundary dispute. Their counsel argued that the injuries were simple and the other allegations were ornamental, seeking bail. The State opposed the bail application. The court, after considering the facts, granted bail to each petitioner on a bond of Rs.10,000 with two sureties, to be surrendered within eight weeks, subject to conditions under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail can be granted to the petitioners despite charges under sections 448, 504, 341, 323, 324, 308, 354B, 379/34 of the IPC.
- Whether the nature of the alleged injuries and the land boundary dispute justify the grant of bail.
- Whether conditions under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be imposed on bail.
Legislation cited
Subjects
- bail
- criminal procedure
- assault
- land dispute
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3989 of 2026
Arising Out of PS. Case No.-174 Year-2022 Thana- BIRAUL District- Darbhanga
======================================================
1. Anil Kumar Sahani Son of Heera Sahani @ Hira Sahani Resident of Vill-
Rupnagar, P.O-Neuri, P.S- Biraul, Dist- Darbhanga
2. Raja @ Chandan Sahani @ Chandan Kumar Sahni @ Raja Sahani Son of
Heera Sahani @ Hira Sahani Resident of Vill- Rupnagar, P.O-Neuri, P.S-
Biraul, Dist- Darbhanga
3. Sunil Kumar @ Sunil Kumar Sahani @ Sunil Kumar Sahni Son of Heera
Sahani @ Hira Sahani Resident of Vill- Rupnagar, P.O-Neuri, P.S- Biraul,
Dist- Darbhanga
4. Hira Sahani @ Heera Sahani Son of Late Mahabir Sahni @ Mahaveer
Sahani Resident of Vill- Rupnagar, P.O-Neuri, P.S- Biraul, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Keshav Kumar Jha
For the Opposite Party/s : Mr.Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 448, 504, 341, 323, 324,
308, 354B, 379/34.
3. As per FIR, these petitioners abused and assaulted
the informant and others by means of lathi, danda, iron rod,
tangi. They also tried to outrage modesty of informant.
4. Learned counsel appearing for the petitioners
submits that due to ongoing dispute of land boundary, scuffle
took place between the parties in which both sides inflicted
Patna High Court CR. MISC. No.3989 of 2026(2) dt.03-02-2026
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injuries on each other. Case and counter case. Injury caused by
these petitioners are simple in nature. Rest of the allegations are
ornamental in nature.
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the facts of the case, prayer for bail of
these petitioners is allowed. In the event of arrest/surrender
within a period of eight weeks from today, let these petitioners,
named above, 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 the Additional Chief Judicial
Magistrate IV, in Biraul Police Station Case No. 174 of
2022/GR No. 343 of 2022, subject to the conditions laid down
under section 482 Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashi/-
U T
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