Patna High Court
Vikash Sahani @ Vikash Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and the condition that one bailor be a close family member.
Summary
Vikash Sahani, accused in multiple offences under the Bihar Penal Code, was the target of a police operation to arrest him at his residence. During the attempt, family members and locals surrounded the police, leading to a scuffle in which some police were injured and the petitioner fled. The petitioner applied for anticipatory bail, arguing that there was no specific allegation of his participation in the assault and that his inclusion was merely due to his past criminal record. The State opposed, citing his antecedents and suggesting he aided the escape. The court noted that co‑accused who faced specific assault charges had been granted anticipatory bail and found no direct accusation against the petitioner, consequently granting him anticipatory bail with a bond and surety conditions under Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the absence of a specific accusation of assault despite his criminal antecedents
Subjects
- anticipatory bail
- criminal antecedent
- police assault
- Section 482
- Bihar Penal Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48913 of 2025
Arising Out of PS. Case No.-149 Year-2024 Thana- Raghunathpur District- East Champaran
======================================================
Vikash Sahani @ Vikash Kumar Sahani, Son of Rajindar Sahni @ Lalbabu
Sahani @ Lal Babu Chaudhary, Resident of village- Raghunathpur PS-
Raghunathpur District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjana Srivastava, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
5 21-01-2026 Heard learned Advocate for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Raghunathpur P.S. Case No.149 of 2024 registered for the
offences punishable under Sections 126(2), 127(2), 132, 109,
121(1), 121(2), 191(2), 191(3), 190, 74, 125 and 262 of the
BNS.
3. On the fateful day, upon getting information that the
petitioner, who is named accused in so many cases, is present in
his house, the informant along with other police officials went to
his house in order to nab him; in the meanwhile, the family
members of the petitioner and other nearby local people
surrounded the police party and started abusing and assaulting
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them, due to which some of them sustained injuries. Taking
benefit of the ruckus, the petitioner managed to flee away.
4. Learned Advocate for the petitioner, taking this
Court through the FIR, contended that only on account of his
past criminal antecedent, the name of the petitioner has been
implicated in this case; however, without there being any
specific accusation. Even if the allegation is taken to be true for
the sake of argument, it is only alleged that noticing the police
party the petitioner succeeded in fleeing away. There is no
whisper that the petitioner was also instrumental in causing
assault to the police personnel in any manner. In the aforesaid
incident, other accused persons against whom there was
allegation of causing assault to the police personnel, have been
allowed the privilege of anticipatory bail by a co-ordinate Bench
of this Court in Cr. Misc. No.17824 of 2025, vide order dated
23.06.2025.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that six
criminal antecedents, as has been been disclosed in paragraph nos.3
to 5, clearly speaks about the involvement of the petitioner in the
crime. The entire occurrence took place only in order to extend
advantage to the petitioner of fleeing from the clutches of the police
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personnel. The complicity of the petitioner cannot be ruled out.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the fact that other co-accused persons against whom there
was specific accusation of causing assault, have been allowed
the privilege of anticipatory bail by a co-ordinate Bench of this
Court, besides the fact that there is no specific accusation
against the petitioner of participation in the occurrence, let the
above named petitioner, be released on bail, in the event of his
arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M., East Champaran at
Motihari in connection with Raghunathpur P.S. Case No.149 of
2024, subject to the condition as laid down under Section 482(2)
of the BNSS, with further condition that one of the bailors shall
be the own/close family members of the petitioner.
(Harish Kumar, J)
rohit/-
U T
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