Patna High Court
Raju SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioners, Raju Sahani and his son Mithlesh Sahani, were named in an FIR for allegedly assaulting an informant and her husband with sharp weapons, lathis, and an iron rod on 22 April 2025, invoking several sections of the B.N.S. and Section 27 of the Arms Act. They claimed innocence, stating the dispute was a land conflict between agnates and that the grievous injuries could not be specifically linked to them. They sought anticipatory bail, citing that similarly situated co‑accused had already been granted such bail by a coordinate bench of the same court. The State opposed the relief. The court, after considering the nature of the alleged injuries and the principle of parity, allowed the petition for anticipatory bail, directing that if arrested within eight weeks the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S. conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the alleged offences.
- Whether the principle of parity with co‑accused who obtained anticipatory bail warrants granting bail to the petitioners.
Legislation cited
Subjects
- anticipatory bail
- assault
- arms act
- criminal procedure
- parity
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58387 of 2025
Arising Out of PS. Case No.-114 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
1. Raju Sahani S/O Late Bidya Sahani Resident of village- Ajgarwa, P.S.-
Lakhaura, Dist.- East Champaran
2. Mithlesh Sahani @ Mithu Sahani S/O Raju Sahani Resident of village-
Ajgarwa, P.S.- Lakhaura, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the State : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 117(2), 118(2), 109(1), 351(3) and 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, on 22.04.2025, when
the informant along with her husband was returning home, in
the meantime, all the F.I.R. named accused persons, including
these petitioners, intercepted them and assaulted the informant's
husband with sharp weapon. It is further alleged that when the
informant went to save her husband, she was also assaulted by
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the accused persons with lathi, danda, stick and iron rod.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
agnates and there is land dispute between them. Doctor has
found all the injuries, sustained by the injured, simple in nature
except Injury No. 2 of the informant and Injury Nos. 4 and 5 of
her husband, which are found to be grievous in nature but the
said injuries are not specifically attributed to these petitioners. It
is further submitted that similarly situated co-accused persons
have already been granted the privilege of anticipatory bail by a
Co-ordinate Bench of this Hon’ble Court vide order dated
19.09.2025 passed in Cr. Misc. No. 56236 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, nature of injuries allegedly caused by these petitioners and
claim based on parity, the prayer for grant of anticipatory bail to
the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
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petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Motihari, East Champaran in connection with
Lakhaura P.S. Case No. 114 of 2025, subject to condition as laid
down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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