Patna High Court
Kapal SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, an 85‑year‑old man, was charged under Sections 103(1) and 3(5) of the Bihar Negotiable Securities Act for allegedly assaulting a man who later died. The prosecution alleged a scuffle that led to the death, but no specific allegation was made against the petitioner. The petitioner argued that the charge was vague, he had no prior criminal record, and a similarly situated co‑accused had already been granted bail. The State opposed the bail on the seriousness of the offence. The court, considering the petitioner’s advanced age, lack of specific allegation, and the precedent of bail to the co‑accused, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with offences under Sections 103(1) and 3(5) of the BNS.
- Whether the absence of a specific allegation against the petitioner and his advanced age justify bail.
- Whether the bail granted to a co‑accused (Balli Sahani) is determinative for the petitioner’s bail application.
Legislation cited
- Bihar Negotiable Securities Act — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- age
- serious offence
- Section 103
- Section 3
- co‑accused precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4718 of 2026
Arising Out of PS. Case No.-170 Year-2025 Thana- SAHIYARA District- Sitamarhi
======================================================
Kapal Sahni S/o- Late Shubalal Sahni @ Khublal Sahni R/v- Hanuman Nagar
Ps- Sahiyara Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 103(1) and
3(5) of the BNS.
3. The case of the prosecution, in short, is that this
petitioner along with others were having scuffle with one Raushan
Kumar. It is further alleged that the father of the informant,
namely, Khobhari Sahani went there to settle the dispute. On this
he was assaulted by all the accused persons with lathi danda due
to which he died.
4. Learned counsel for the petitioner submits that the
petitioner is an old man aged about 85 years. It has further been
submitted that the nature of allegation is general and omnibus.
Patna High Court CR. MISC. No.4718 of 2026(2) dt.02-02-2026
2/2
There is no specific allegation against this petitioner that he has
assaulted the deceased. It has further been submitted by learned
counsel for the petitioner that similarly situated co-accused Balli
Sahani has been granted bail by this Court vide Cr. Misc. No.
91945 of 2025 and the case of this petitioner stands on similar
footing. Learned counsel for the petitioner has lastly submitted
that the petitioner is having no criminal antecedent and he is in
judicial custody since 29.08.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the present bail application.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Sahiyara P.S. Case No. 170 of 2025 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned JMFC, Sitamarhi.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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