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Patna High Court

Mahajan SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to a bail bond of Rs 10,000 each, two sureties, and compliance with Section 482 of the B.N.S.S., 2023.

Summary

The petitioners, members of the Gotia community, were named in an FIR for assaulting an informant and her family on 18 May 2025, allegedly using lathis, iron rods and bricks. They sought anticipatory bail fearing arrest under Sections 126(2), 115(2), 351(2), 352, 109, 191(2) and 3(5) of the Bhartiya Nyaya Sanhita. The State opposed the bail, arguing the seriousness of the offences. The Court examined the factual matrix, noting that the alleged injuries were simple and the dispute was a petty family quarrel. Considering the nature of the injuries and the possibility of surrender within eight weeks, the Court granted anticipatory bail on the condition of a Rs 10,000 bail bond per petitioner, two sureties of equal amount, and compliance with Section 482 of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged assault.
  • Whether the nature of the alleged offences and injuries warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • petty dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7211 of 2026
                      Arising Out of PS. Case No.-183 Year-2025 Thana- BAHERA District- Darbhanga
                 ======================================================
           1.     Mahajan Sahni son of Madho Sahni @ Madhav Sahni Resident of village-
                  Navtoliya, P.s. -Bahera, District -Darbhanga
           2.    Munni Sahani son of Modho Sahani @ Madho Sahni @ Madhav Sahni
                 Resident of village-Navtoliya, P.s. -Bahera, District -Darbhanga
           3.    Sanjo Sahani Son of Ram Bilash sahni Resident of village-Navtoliya, P.s.
                 -Bahera, District -Darbhanga
           4.    Sube Sahni @ Suresh Sahni son of Ramfal Sahni Resident of village-
                 Navtoliya, P.s. -Bahera, District -Darbhanga
           5.    Binod Sahni son of Ramphal Sahni Resident of village-Navtoliya, P.s.
                 -Bahera, District -Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nafisu Zzoha
                 For the Opposite Party/s :       Mr.Sunil Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 351(2),

                   352, 109, 191(2) & 3(5) of the Bhartiya Nyaya Sanhita.

                                3. As per F.I.R., on 18.05.2025 at about 10 PM, all the

                   named accused persons including these petitioners, armed with

                   Lathi, Farsha, iron rod and brick-stone, came and assaulted

                   informant and her family members.
           Patna High Court CR. MISC. No.7211 of 2026(2) dt.19-02-2026
                                                       2/2




                                  4. Learned counsel for the petitioners submits that

                     both parties are Gotiyas and due to petty dispute, in the marriage

                     ceremony of daughter of one Bela Sahni, maarpeet took place.

                     Allegation of assault is general and omnibus. Injuries, allegedly

                     caused by these petitioners, are simple in nature.

                                  5. Learned A.P.P. for the State has opposed the prayer

                     for anticipatory bail.

                                  6. In the facts & circumstances of the case as well as

                     nature of injury, in the event of arrest/surrender within a period

                     of eight weeks from today, let the above named petitioners be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned A.D.J. - II, Benipur, District Darbhanga /

                     concerned Court in connection with Bahera P.S. Case No. 183

                     of 2025, subject to condition as laid down under Section 482 of

                     the B.N.S.S., 2023.



                                                       (Prabhat Kumar Singh, J)
anay

U      T


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