Created by Fuzzy Cloud

Patna High Court

Nitish Sahani @ Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, considering the simple injuries, lack of criminal antecedents, and the existence of a counter‑case, the petitioners are entitled to bail under Section 482(2) of the CrPC.

Summary

The petitioners, five residents of Godaghat village, were charged in Turkauliya Police Station Case No. 81 of 2026 for several IPC offences allegedly committed after they went armed to an informant’s house following the informant’s goat being crushed by a car. They claim the goat’s death was accidental, that the ensuing altercation caused only simple injuries, and that they have also filed a counter‑case (Case No. 83 of 2026). The petitioners assert they have no criminal antecedents and had not previously applied for anticipatory or regular bail. The State opposed the bail application. The High Court, noting the simple nature of the injuries, the existence of a counter‑case, and the petitioners’ clean record, granted bail under Section 482(2) of the CrPC, imposing a bond of Rs 10,000 with two sureties and conditions for cancellation if antecedents or false statements are discovered.

Issues considered

  • Whether the petitioners are entitled to bail under Section 482 of the CrPC given the nature of the offences and injuries.
  • Whether the simple nature of the alleged injuries affects the grant of bail.
  • Whether the absence of prior bail applications and criminal antecedents influences the bail decision.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Section 482
  • simple injury
  • counter case
  • IPC offences
  • anticipatory bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41297 of 2026
                 Arising Out of PS. Case No.-81 Year-2026 Thana- TURKAULIYA District- East Champaran
                 ======================================================
           1.     Nitish Sahani @ Nitish Kumar S/O Late Pannalal Sahni Resident of Village-
                  Godaghat, Jaysinghpur, PS-Turkaulia, District- East Champaran, Bihar-
                  845437
           2.    Anil Sahani @ Anil Kumar Choudhary S/O Shri Sahani @ Shri Choudhary
                 Resident of Village- Godaghat, Jaysinghpur, PS-Turkaulia, District- East
                 Champaran, Bihar-845437
           3.    Mani sahani @ Manish Kumar @ Manish Sahni S/O Adya Sahani Resident
                 of Village- Godaghat, Jaysinghpur, PS-Turkaulia, District- East Champaran,
                 Bihar-845437
           4.    Sonalal Sahni S/O Shri Sahani Resident of Village- Godaghat, Jaysinghpur,
                 PS-Turkaulia, District- East Champaran, Bihar-845437
           5.    Solakh Sahni S/O Shri Sahani Resident of Village- Godaghat, Jaysinghpur,
                 PS-Turkaulia, District- East Champaran, Bihar-845437


                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Amit Kumar Singh, Advocate
                 For the State           :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   01-07-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The present petition has been filed on behalf of the

                   petitioners, apprehending their arrest, in connection with

                   Turkauliya P.S. Case No. 81 of 2026 dated 15.02.2026,

                   registered for the offences punishable under Sections 191(2),

                   190, 126(2), 115(2), 118(1), 109, 324(4), 352 and 351(2) of
Patna High Court CR. MISC. No.41297 of 2026(2) dt.01-07-2026
                                            2/4




          B.N.S., 2023.

                       3. As per allegation, the accused persons including the

          petitioners came to the house of the informant armed with lathi

          and iron rod and Ranjan Sahni exhorted the other accused to

          assault the informant, because he had crushed his goat to death

          by his car. They also assaulted the informant and his family

          members.

                       4. Learned counsel for the petitioners submits that the

          Petitioners are innocent and have falsely been implicated in this

          case. He further submits that as a matter of fact, the goat

          belonging to the informant’s side got accidentally crushed by a

          car of one of the co-accused/Ranjan Sahni and on account of

          this, altercation took place between the petitioners and

          informant’s side, leading to injury on both sides and filing of

          case and counter case. The counter case filed by the petitioners’

          side bears Turkauliya P.S. Case No. 83 of 2026. He also submits

          that the nature of injury allegedly caused by the petitioners’ side

          is ‘normal’ in nature as per the injury report. It is not stated that

          the injury is grievous in nature. He further submits that even the

          petitioners’ side have received injury on account of altercation.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioners have not moved this Court earlier
Patna High Court CR. MISC. No.41297 of 2026(2) dt.01-07-2026
                                            3/4




          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          petition that the petitioners have no criminal antecedents.

                       7. Learned APP for the State vehemently opposes the

          prayer of the Petitioners for bail.

                       8. In view of case and counter case and normal/simple

          injury of the alleged injury, this petition is allowed, directing

          the petitioners above-named, to be enlarged on bail, in the event

          of their arrest or surrender before the court below within a

          period of eight weeks from the date of receipt / production of a

          copy of this order, on their furnishing bail bonds in the sum of

          Rs. 10,000 /- (Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of learned Concerned Court

          below, in connection with Turkauliya P.S. Case No. 81 of 2026,

          subject to the conditions as laid down under Section 482 (2)

          B.N.S.S., 2023 and on the following conditions:

                       (i) In case, it is brought to the notice of the court

          below that the petitioners have any criminal antecedents,

          learned court below shall cancel the bail bonds of the petitioners

          after hearing them and getting satisfied that the petitioners have

          concealed their criminal antecedents despite their knowledge of

          the same.
               Patna High Court CR. MISC. No.41297 of 2026(2) dt.01-07-2026
                                                           4/4




                                      (ii) In case, it is brought to the notice of the court

                         below that statement regarding previous bail petition is wrong,

                         learned court below shall cancel the bail bonds of the

                         petitioners.



                                                                    (Jitendra Kumar, J)
shoaib/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.