Patna High Court
Pintu SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, a group of twelve members of the Sahni family, sought anticipatory bail fearing arrest in a case registered under Sections 191(2), 191(3), 190, 126, 109, 303(2) and 351(2) of the Bihar Negotiable (B.N.S.). They alleged that the informant fabricated the charges arising from a fishing‑related dispute, claiming assault with the butt of a gun and a knife, but no specific allegation under the Arms Act was made and the alleged injury was described inconsistently. The petitioners argued that eleven of them have clean records and that the case is false and vague. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered that the petitioners be released on anticipatory bail if arrested or surrendered within six weeks, subject to a bail bond of Rs 10,000 with two sureties each and the conditions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code in view of the alleged false and vague charges.
- Whether the allegations of assault with a firearm and knife warrant invocation of the Arms Act or specific charges.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false implication
- assault
- fishing dispute
- Bihar Negotiable Act
- Criminal Procedure Code
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4770 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- BIRUPUR District- Lakhisarai
======================================================
1. Pintu Sahni S/o- Hazari Sahni Resident of Ejrighat P.S- Birupur Dist-
Lakhisarai
2. Nitish Sahni S/o- Muneshwar Sahni Resident of Ejrighat P.S- Birupur Dist-
Lakhisarai
3. Prakash Sahni S/o- Late Aklu Sahni Resident of Ejrighat P.S- Birupur Dist-
Lakhisarai
4. Sunil Sahni @ Sunil Kumar S/o- Hazari Sahni Resident of Ejrighat P.S-
Birupur Dist- Lakhisarai
5. Vikram Sahni @ Vikram Kumar S/o- Ram Sahni Resident of Ejrighat P.S-
Birupur Dist- Lakhisarai
6. Dabloo Sahni @ Dabloo Kumar Sahni S/o- Ram Sahni Resident of Ejrighat
P.S- Birupur Dist- Lakhisarai
7. Akshay Kumar S/o- Hazari Sahni Resident of Ejrighat P.S- Birupur Dist-
Lakhisarai
8. Muneshwar Sahni S/o- Late Sharan Sahni Resident of Ejrighat P.S- Birupur
Dist- Lakhisarai
9. Ravindra Sahni S/o- Saudagar Sahni Resident of Ejrighat P.S- Birupur Dist-
Lakhisarai
10. Rahul Sahni @ Rahul Kumar S/o- Ramswaroop Sahni Resident of Ejrighat
P.S- Birupur Dist- Lakhisarai
11. Arjun Sahni S/o- Late Sharan Sahni Resident of Ejrighat P.S- Birupur Dist-
Lakhisarai
12. Prabhu Sahni S/o- Saudagar Sahni Resident of Ejrighat P.S- Birupur Dist-
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Irshad, Advocate
For the Opposite Party/s : Mr. Arun Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
Patna High Court CR. MISC. No.4770 of 2026(2) dt.23-03-2026
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registered for the offences punishable under Sections 191(2),
191(3), 190, 126, 109, 303(2) and 351(2) of the BNS.
3. Learned counsel for the petitioners submits that
petitioner no. 3 has antecedent of one case and rest 11
petitioners are persons with clean antecedent and the informant
alleges that when he along with his brothers came home after
putting fish net, when accused persons came and assaulted them
by butt of gun and knife causing injury.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that though it is alleged
that accused assaulted by butt of gun but then the case is not
instituted under the Arms Act and allegation of assault by knife
is also general and omnibus in nature. It is next submitted that
no specific allegation of assault is alleged against the
petitioners. It is also submitted that on account of dispute
relating to fishing, a false case was instituted. It is further
submitted that one injury of Sujeet has been opined to be
grievous in nature as on account of assault it is alleged that his
bone of the nose got fractured but then as submitted the
allegation of assault is not specific and the wound is lacerated. It
is next submitted that petitioners are not criminals.
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5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners, above-named, in
the event of their arrest or surrender within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/Successor Court in
connection with Birupur P.S. Case No. 55 of 2025, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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