Patna High Court
Ramu Sahni @ Ram SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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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