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Patna High Court

Baiju SahniversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail was denied for Baiju Sahni but granted to Shila Devi subject to conditions.

Summary

The petitioners, Baiju Sahni and his wife Shila Devi, were named in an FIR for the murder of an informant's husband, alleged to have been caused by assault with an iron rod, spear and other weapons. Both sought anticipatory bail under Section 438 of the Criminal Procedure Code. The court examined the FIR, the post‑mortem report and an independent witness statement recorded under Section 180 of the BNSS, which identified Baiju Sahni as the person wielding the iron rod and spear, and linked the fatal head injury to a hard blunt object. Consequently, the court denied anticipatory bail to Baiju Sahni. In contrast, no weapon was observed in Shila Devi's possession and the allegations against her were deemed general; therefore, the court granted her anticipatory bail subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Issues considered

  • Whether Baiju Sahni is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the evidence linking him to the fatal injury.
  • Whether Shila Devi is entitled to anticipatory bail given the lack of specific evidence of her involvement.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • weapon
  • section 438 CrPC
  • section 180 BNSS
  • section 482 BNSS
  • Bihar
  • Criminal Procedure
  • evidence
  • independent witness

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.71310 of 2025
                    Arising Out of PS. Case No.-292 Year-2024 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
           1.     Baiju Sahni son of Ram Nandan Sahni Village- Banthu, P.S.- Bhagwanpur,
                  District- Vaishali.
           2.     Shila Devi Wife of Baiju Sahni Village- Banthu, P.S.- Bhagwanpur, District-
                  Vaishali.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satya Prakash Sinha, Adv
                 For the Opposite Party/s :       Ms. Renu Kumari, APP
                 For the Informant        :       Mr. Ashok Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   11-02-2026                  Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Bhagwanpur P.S.

                   Case No. 292 of 2024 registered for the offences punishable under

                   Sections 103(1) and 3(5) of the BNS.

                                3. As per FIR, named co-accused persons including

                   petitioners assaulted husband of informant causing head and other

                   bodily injuries by using iron rod, spear, lathi etc. The husband of

                   informant succumbed to death while receiving treatment in

                   hospital.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that as per FIR informant, who claimed to

                   be an eye-witness of the occurrence specifically stated that this
Patna High Court CR. MISC. No.71310 of 2025(3) dt.11-02-2026
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          petitioner no. 1 was equipped with spear, which is a piercing

          weapon and, therefore, injury by all probability must be pointed

          and piercing in nature, but same appears not available from the

          post-mortem report. It is submitted that nature of allegation is

          appearing very much general and omnibus against petitioners,

          where occurrence took place out of previous enmities.

                       5. Arguing further, it is submitted that allegation of

          assault not appears available against petitioner no. 2, who is a lady

          of clean antecedent and her implication with the present case only

          appears for the reason being wife of petitioner no. 1.

                       6. Learned APP duly assisted by learned counsel for the

          informant while opposing the prayer of bail drew attention of this

          Court towards para no. 82 of the case diary, where independent

          witness namely Lala Manjhi while recording his statement under

          Section 180 of the BNSS categorically stated that only this

          petitioner was equipped with iron rod and spear and as such fatal

          head injury by all probability appears to be caused by petitioner

          no. 1 and as such he is not entitled for anticipatory bail.

                       7. In view of aforesaid factual submission as

          independent witness during the course of investigation stated that

          petitioner no. 1 was equipped with hard blunt object as iron rod,

          where post-mortem report suggests death as a result of injury
               Patna High Court CR. MISC. No.71310 of 2025(3) dt.11-02-2026
                                                           3/3




                         caused by hard blunt and heavy object, accordingly prayer of

                         anticipatory bail of petitioner no. 1 namely Baiju Sahni is rejected

                         herewith.

                                      8. As the allegation of assault is appearing very much

                         general and omnibus against petitioner no. 2 and independent

                         witness could not see any weapon in her hand, accordingly

                         petitioner no. 2 namely Shila Devi, in the event of her arrest or

                         surrender before the trial court within a period of four weeks, is

                         directed to be released on bail, 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 CJM, Vaishali at

                         Hajipur/concerned Court, where the case is pending in connection

                         with Bhagwanpur P.S. Case No. 292 of 2024, subject to the

                         conditions     as    laid   down        under   Section   438(2)   of   the

                         Cr.P.C/Section 482(2) of BNSS.


                                                                    (Chandra Shekhar Jha, J.)
S.Tripathi/-
U         T


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