Patna High Court
Sunil SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioners subject to a bond of Rs.10,000 each and two sureties, in accordance with Section 438(2) CrPC.
Summary
The petitioners, three brothers from Mashrakh, sought bail fearing arrest in a case (PS No. 293 of 2024) involving alleged assault with an iron rod, charged under several IPC sections including 341, 323, 324, 307, 506, 354, 379 and 34. They claimed innocence, stating the injuries were minor and that a co‑accused had already been granted anticipatory bail. The State opposed the bail application. After considering the facts, the court ordered that the petitioners be released on bail, each furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the Criminal Procedure Code. The order was pronounced by Justice Nawneet Kumar Pandey.
Issues considered
- Whether bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code despite the seriousness of the offences alleged under the IPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 307, 323, 324, 34, 341, 354, 379, 506
Subjects
- bail
- anticipatory bail
- Section 438 CrPC
- IPC offences
- assault
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6351 of 2026
Arising Out of PS. Case No.-293 Year-2024 Thana- MASHRAK District- Saran
======================================================
1. Sunil Sahni S/O Sri Madan Sahni Resident of village- Mashrakh South tola,
P.S.- Mashrakh, District- Saran
2. Avishek Sahni @ Abhishek Sahni @ Abhishek Kumar Sahni S/O Sri Sunil
Sahni Resident of village- Mashrakh South tola, P.S.- Mashrakh, District-
Saran
3. Atul Sahni @ Atul Kumar @ Atul Kumar Sahni S/O Sri Sunil Sahni
Resident of village- Mashrakh South tola, P.S.- Mashrakh, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar Sinha
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioners as well as
the learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Mashrakh P.S. Case No. 293 of 2024, registered for the
offences punishable under Sections 341, 323, 324, 307, 506, 354,
379/34 of the IPC.
3. The specific allegation against the petitioners is that
they assaulted the informant on the head and left palm with an
iron rod.
4. The learned counsel for the petitioners has
submitted that the petitioners are innocent and have falsely been
implicated in this case. The injuries are simple in nature. He has
Patna High Court CR. MISC. No.6351 of 2026(3) dt.30-01-2026
2/2
further submitted that the co-accused, Ram Ishwar Sahni, along
with other co-accused persons against whom there is allegation
of inflicting assault, have been granted anticipatory bail by this
Court and the case of the petitioners is on better footing.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioners, in the event of their arrest or
surrender within four weeks before the learned court below, be
released 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 ACJM-VII, Saran at Chapra/concerned
court in connection with Mashrakh P.S. Case No. 293 of 2024,
subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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