Patna High Court
Mahajan SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 191(2), 3(5), 351(2), 352
- B.N.S.S., 2023 — s. 482
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
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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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