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Patna High Court

Sujit SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners may be released on pre‑arrest bail if the District Court verifies that the injuries are simple and attributable to them, subject to a bail bond and compliance with Section 482(2) of the BNS.

Summary

Petitioners Sujit and Rajesh Sahni were charged under several sections of the BNS for allegedly assaulting an informant and her family with an axe and iron rod, purportedly with intent to kill, in a land‑dispute related altercation. They claimed innocence, asserting that the case arose from enmity and that they acted in self‑defence, and highlighted a pending title suit and their clean antecedents. The State opposed their request for pre‑arrest bail. The High Court, after hearing both sides, directed the District Court to verify the injury report; if the injuries are found to be simple and attributable to the petitioners, they may be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties and subject to Section 482(2) of the BNS. The Court also ordered verification of any other pending criminal cases against the petitioners, stating that the order would lapse if such cases exist.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the seriousness of the offences alleged under the BNS.
  • Whether the nature of the injuries sustained by the informant’s family warrants denial of bail.
  • Whether the petitioners' claim of self‑defence and clean antecedent influences the bail decision.

Legislation cited

Subjects

  • pre‑arrest bail
  • assault
  • self‑defence
  • injury report
  • Section 482(2)
  • land dispute
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6391 of 2026
                   Arising Out of PS. Case No.-265 Year-2025 Thana- BACHHWARA District- Begusarai
                 ======================================================
           1.     Sujit Sahni (M) age about 34 years.
           2.    Rajesh Sahni (M) age about 41 years
                 Both son of Sahdeo Sahni, R/o Village - Rasidpur, P.S - Bachhwara, District
                 - Begusarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chandan Kumar Kashyap, Advocate
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhyay, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   15-04-2026                      Heard Mr. Chandan Kumar Kashyap, learned

                   counsel appearing on behalf of the petitioners and Mr.

                   Jharkhandi Upadhyay, learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Bachhwara P.S. Case No. 265 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 109, 118(1),

                   303(2), 352, 351(1) and 3(5) of the BNS.

                                3. As per the allegation made in the FIR, petitioners

                   along with other co-accused persons, with an intention to kill,

                   had assaulted the informant and her family members by means

                   of axe and iron rod causing injury to them.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.6391 of 2026(4) dt.15-04-2026
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          petitioners submitted that petitioners are innocent and they have

          falsely been implicated in the present case. Due to enmity, the

          petitioners have been made accused in the present case. There is

          case and counter case between the parties. Both the parties were

          involved in dispute with respect to a piece of land, due to which,

          an altercation took place and both the sides entered into free

          fight and the petitioners, in their self defence, may have caused

          injury to the persons of the informant, without intention and in

          this respect, the petitioners have given information in paragraph

          no. 8 of the bail application that a title suit bearing T.S. No. 21

          of 2017 is pending between the parties. Petitioners have clean

          antecedent. On these grounds, petitioners seek to be released on

          pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, the nature of allegation alleged against

          the petitioners and in absence of the injury report, the learned

          District Court is directed to verify the injury report relating to

          the informant side and if it is found that the injuries, which are

          attributable to the petitioners, are simple in nature,          the

          petitioners, above named, are directed to be released on pre-
              Patna High Court CR. MISC. No.6391 of 2026(4) dt.15-04-2026
                                                          3/3




                        arrest bail, in the event of their arrest or surrender before the

                        learned District Court within a period of four weeks from today,

                        on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                        each with two sureties of the like amount each to the satisfaction

                        of the learned District Court where the case is pending, in

                        connection with Bachhwara P.S. Case No. 265 of 2025, subject

                        to the condition as laid down under Section 482(2) of the BNSS.

                                     7. The learned District Court is directed to verify

                        the criminal antecedent of the petitioners as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioners as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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