Patna High Court
Baiju SahniversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
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
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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
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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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