Patna High Court
Jawahar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the petitioners' clean antecedent and the minor nature of the alleged injuries, anticipatory bail was warranted subject to the conditions of Section 482 B.N.S.S. 2023.
Summary
The petitioners, Jawahar Sahni and his sons Narendra and Naresh, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita for allegedly assaulting an informant and her family. The FIR dated 03.05.2025 alleged that the petitioners abused the informant and, on protest, assaulted her, her husband and son. The petitioners contended that the allegations were vague, the injuries were minor, and they had a clean antecedent, arguing that no specific overt act was detailed against them. The State opposed the bail, but the court, considering the nature of the injuries and the petitioners' clean record, granted anticipatory bail subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482 of the B.N.S.S. 2023. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bhartiya Nyaya Sanhita.
- Whether the FIR's allegations constitute a specific charge sufficient to deny anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482
Subjects
- anticipatory bail
- criminal procedure
- assault
- clean antecedent
- Section 482
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7319 of 2026
Arising Out of PS. Case No.-129 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
1. Jawahar Sahni Son of Late Juwa Sahni Resident of Village- Maudah Bujurg,
P.S.- Harlochanpur Sukki, District- Vaishali, Bihar
2. Narendra Sahni @ Narendra Kumar Son of Jawahar Sahni Resident of
Village- Maudah Bujurg, P.S.- Harlochanpur Sukki, District- Vaishali, Bihar
3. Naresh Sahni Son of Jawahar Sahni Resident of Village- Maudah Bujurg,
P.S.- Harlochanpur Sukki, District- Vaishali, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Bela Singh
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
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), 303(2),
109, 352, 351(2), 351(3) & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., on 03.05.2025, all the named accused
persons including these petitioners came and abused informant
and on protest, they assaulted informant, her husband & son.
4. Learned counsel for the petitioners submits that
allegation of assault is general & omnibus and no specific overt
act has been alleged against these petitioners. Case and counter
case. Injuries are simple in nature. Petitioners claim clean
Patna High Court CR. MISC. No.7319 of 2026(2) dt.19-02-2026
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antecedent.
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. Considering the nature of injury and clean
antecedent, 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-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. - XIII, Vaishali at Hajipur in
connection with Patepur P.S. Case No. 129 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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