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Patna High Court

Jawahar SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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