Created by Fuzzy Cloud

Patna High Court

Pintu SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
           Patna High Court CR. MISC. No.4770 of 2026(2) dt.23-03-2026
                                                       3/3




                                  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


Continue reading with your account

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

Sign in to read

Checking your session…

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