Patna High Court
Lal Babu SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to conditions, as the allegations were not specific and other co‑accused had already been released on bail.
Summary
The petitioners, Lal Babu Sahni and his two sons, applied for anticipatory bail fearing arrest in connection with a FIR (Hathauri P.S. Case No.233 of 2024) that alleges they led a mob which attacked an informant, looted property and caused injuries. The prosecution’s case is based on a written complaint and alleges offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners contend they are innocent, claiming the allegations are politically motivated and that the charges are vague and omnibus. The court noted that no specific allegation was made against the petitioners and that other co‑accused had already been granted bail. Accordingly, the court exercised its power under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita to grant anticipatory bail with standard conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the allegations.
- Whether the allegations in the FIR are specific enough to deny anticipatory bail.
- Whether the petitioners are likely to tamper with evidence or influence witnesses.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 126(2), 190, 191(2), 191(3), 305, 324(4), 351(2), 352, 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- mob violence
- political rivalry
- Section 438
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55740 of 2025
Arising Out of PS. Case No.-233 Year-2024 Thana- HATHAURI District- Muzaffarpur
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1. Lal Babu Sahni S/o Late Bathu Sahni Resident of Vill.- Pitaunjhia P.S.-
Hathauri, Distt.- Muzaffarpur
2. Sanjeet Sahni @ Sanjeet Kumar Sahni S/o Lal Babu Sahni Resident of Vill.-
Pitaunjhia P.S.- Hathauri, Distt.- Muzaffarpur
3. Ranjeet Sahni @ Ranjeet Kumar Sahni S/o Lal Babu Sahni Resident of Vill.-
Pitaunjhia P.S.- Hathauri, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Kumar Verma, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Hathauri P.S. Case No.233 of 2024, F.I.R dated
09.12.2024 registered for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 74, 324(4),
305, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on the night of
06.12.2024 at about 11:00 PM, the informant, Bhikhari Sahani
of Village Pitaunjhia Sahani, witnessed a mob of around 25–30
persons, led by Lal Babu Sahani, who allegedly ordered the
murder of the informant and looting of his house. The mob,
including several named accused, began breaking the door,
forcing the informant and his son to flee through the rear door.
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Upon returning later, the informant found his wife, daughter-in-
law, and granddaughter injured. The mob allegedly looted cash
amounting to Rs.2,65,000, jewellery, and a mobile phone, and
also damaged two motorcycles and 25 chairs. Empty cartridges
were reportedly found in the courtyard, and allegations of mis-
behaviour with women were made. It is further alleged that Lal
Babu Sahani is a habitual offender involved in several serious
cases and that fear of him prevents witnesses from coming
forward. On the basis of the written complaint dated
09.12.2024, Hathauri P.S. Case No.233/2024 was registered, and
a search and seizure memo was prepared the same day.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case while petitioner No.1, namely, Lal Babu Sahni, was
elected as Mukhiya and because of political rivalry between the
informant and the petitioner’s side, an altercation is said to have
been taken placed in which both the sides have received
injuries. There is case and counter case which is lodged by the
informant being Hathauri P.S. Case No.234 of 2024 under
Sections 191(2), 191(3), 190, 126(2), 115(2), 329(23), 305,
351(2) of the B.N.S. and Section 27 of the Arms Act. Learned
counsel for the petitioners further submits that petitioner No.2
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and 3 are sons of petitioner No.1 and for ulterior reasons, they
have been implicated in the present case and other co-accused
persons have already been granted bail by a Co-ordinate Bench
of this Court vide order dated 15.11.2025 passed in Cr. Misc.
No.42758 of 2025.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that there is no specific allegation against the petitioners rather
the allegations are general and omnibus in nature and other co-
accused persons have already been granted bail by a Co-
ordinate Bench of this Court vide order dated 15.11.2025 passed
in Cr. Misc. No.42758 of 2025. Accordingly, this Court is
inclined to grant the privilege of anticipatory bail to the
petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, 14th Muzaffarpur East,
in connection with Hathauri P.S. Case No.233 of 2024, subject
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to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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