Patna High Court
Nitish Sahani @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- Criminal Procedure Code — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.