Patna High Court
Nandlal SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is to be released on bail subject to the conditions laid down under Section 482(2) of the BNS Act.
Summary
The petitioner, Nandlal Sahani, was named in FIR No. 109/2025 for assaulting an informant with an iron rod, allegedly causing head and bodily injuries over a dispute about an electric wire. The FIR charges him under Sections 126(2), 115(2), 109, 352 and 3(5) of the Bihar Negotiable Sale (BNS) Act. The petitioner sought bail, contending that the injury was simple and that the parties had reached a compromise, as evidenced by annexure‑3 of the bail petition. The Court examined the nature of the injury, the compromise between the parties, and the statutory provisions governing bail. Finding the injury to be minor and the compromise genuine, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the BNS Act. The order was pronounced by Justice Chandra Shekhar Jha on 22‑06‑2026.
Issues considered
- Whether the petitioner is entitled to bail in view of the nature of the alleged injuries and the compromise between the parties
- Whether Section 482(2) of the BNS Act permits the grant of bail in the present circumstances
Legislation cited
- Bihar Negotiable Sale (BNS) Act — s. 109, 115(2), 126(2), 3(5), 352, 482(2)
Subjects
- bail
- assault
- compromise
- criminal procedure
- BNS Act
- minor injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40110 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
Nandlal Sahani son of Late Laxman Sahani Resident of village- Mananpur
Noniya toli, Ps- Govindganj, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
: Mr. Hemant Kumar
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Govindganj P.S.
Case No. 109/2025 registered for the offences punishable
under Sections 126(2), 115(2), 109, 352 and 3(5) of the
BNS.
3. As per FIR, petitioner alleged to assault
informant and other by using iron rod causing head and
bodily injuries due to trivial issue regarding passing of
electric wire touching the house of the informant.
4. Considering the submission of learned counsel
of petitioner and also upon perusal of record it transpired
Patna High Court CR. MISC. No.40110 of 2026(2) dt.22-06-2026
2/2
that nature of injury as alleged to inflicted upon informant
found simple in nature, coupled with the fact as matter now
appears compromised between the parties in terms of
annexure-3 of the bail petition, accordingly petitioner above-
named, in the event of his arrest or surrender before the
court below within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM-1, Motihari,
East Champaran/concerned Court, where the case is pending
in connection with Govindganj P.S. Case No. 109/2025,
subject to the conditions as laid down under Section 482(2)
of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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