Patna High Court
Sujit SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(1), 352
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
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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
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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-
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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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