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Patna High Court

Ramu Sahni @ Ram SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners subject to conditions under Section 438(2) of the Code of Criminal Procedure.

Summary

The petitioners, six residents of Imadpur village, sought bail fearing arrest in a criminal case (Bakhri P.S. Case No. 404 of 2024) arising from an FIR dated 14‑10‑2024 alleging assault over a land dispute. The prosecution alleged that the petitioners, along with others, assaulted an informant, charging them under several sections of the Bihar Negotiable Sale Act, 2023. The petitioners contended that except for the first petitioner, the others have clean antecedents, that the FIR contains only a generic omnibus allegation, and that a pending title suit concerning the same land indicates a civil dispute rather than a criminal one. The Additional Public Prosecutor opposed bail, but the court noted the absence of specific allegations against the petitioners and their clean records. Consequently, the court granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the Code of Criminal Procedure, including cooperation with the trial and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioners despite the serious charges under multiple sections.
  • Whether the lack of specific allegations against the petitioners and the pending civil title suit justify granting bail.
  • Whether the petitioners' criminal antecedents, if any, warrant denial of bail.

Legislation cited

Subjects

  • bail
  • land dispute
  • criminal antecedent
  • omnibus allegation
  • Section 438
  • CrPC
  • pending civil suit
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4066 of 2026
                      Arising Out of PS. Case No.-404 Year-2024 Thana- BAKHARI District- Begusarai
                 ======================================================
           1.     Ramu Sahni @ Ram Sahni S/o- Gunni Sahni. R/o Village Imadpur, P.o-
                  Chakhamid, P.s-Bakhri, Distt- Begusarai, State- Bihar, Pin-848201.
           2.    Raju Kumar @ Raghu Sahni @ Raju S/o- Shankar Sahni R/o Village
                 Imadpur, P.o- Chakhamid, P.s-Bakhri, Distt- Begusarai, State- Bihar, Pin-
                 848201.
           3.    Kaushalaya Devi W/o- Shankar Sahni R/o Village Imadpur, P.o- Chakhamid,
                 P.s-Bakhri, Distt- Begusarai, State- Bihar, Pin-848201.
           4.    Jipsi Devi W/o- Ramu Sahni R/o Village Imadpur, P.o- Chakhamid, P.s-
                 Bakhri, Distt- Begusarai, State- Bihar, Pin-848201.
           5.    Ashok Sahni S/o- Lalo Sahni R/o Village Imadpur, P.o- Chakhamid, P.s-
                 Bakhri, Distt- Begusarai, State- Bihar, Pin-848201.
           6.    Kebali Sahni @ Kebali Kumar S/o-Sahdeo Sahni R/o Village Imadpur, P.o-
                 Chakhamid, P.s-Bakhri, Distt- Begusarai, State- Bihar, Pin-848201.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-02-2026                     Heard Mr. Arvind Kumar, learned counsel for the

                   petitioners and Mr. Shantanu Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Bakhri P.S. Case No. 404 of 2024, F.I.R. dated

                   14.10.2024 for the offences punishable under Sections 126(2),

                   115(2), 352, 35192), 303(2), 109 and 3(5) of the BNS, 2023.

                               3. According to prosecution case, all these petitioners
Patna High Court CR. MISC. No.4066 of 2026(2) dt.06-02-2026
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          along with other accused persons assaulted the informant over a

          land dispute.

                      4. Learned counsel for the petitioners submits that

          petitioner nos. 2 to 6 have clean antecedent and petitioner no. 1

          carries two criminal antecedents other than the present one and

          he is on bail in both the cases and they have falsely been

          implicated in the present case. He further submits that it appears

          from the F.I.R that due admitted land dispute between the

          parties the present occurrence took place. Although the

          petitioners are named in the F.I.R but there is no specific

          allegation against these petitioners rather there is general and

          omnibus allegation against all the accused persons including

          these petitioners. Apart from that one Title Suit No. 3547/691 of

          2013 is pending with respect to the present land in question

          between the parties.

                      5.    Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          that there is no specific allegation against these petitioners, apart

          from that one title suit is pending between the parties with

          respect to land in question and petitioner nos. 2 to 6 have clean

          antecedent, let the petitioners, above named, in the event of their
Patna High Court CR. MISC. No.4066 of 2026(2) dt.06-02-2026
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          arrest or surrender before the court below within a period of

          thirty days from the date of receipt of the order, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned C.J.M., Begusarai in connection with Bakhri P.S.

          Case No. 404 of 2024, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure and

          with other following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at

          any stage it is found that the petitioners have concealed their

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioners. However, the

          acceptance of bail bonds in terms of the above-mentioned order
            Patna High Court CR. MISC. No.4066 of 2026(2) dt.06-02-2026
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                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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