Patna High Court
Mukesh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for pre‑arrest bail was denied.
Summary
The petitioner, Mukesh Sahani, sought pre‑arrest bail after being implicated in an assault case where he and others allegedly attacked an informant and her husband with sharp weapons and sticks on 22‑04‑2025. The prosecution alleged that the petitioner caused grievous injuries to the informant's husband and that he has nine prior criminal convictions. The court examined the seriousness of the offences, the material evidence, and the petitioner’s extensive criminal antecedents. Considering these factors, the court found that the petitioner did not merit the benefit of bail. Consequently, the petition for pre‑arrest bail was rejected.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in view of the nature of the offences and his criminal antecedents
Legislation cited
Subjects
- pre‑arrest bail
- criminal antecedents
- assault
- grievous injury
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74361 of 2025
Arising Out of PS. Case No.-114 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
Mukesh Sahani S/O Suresh sahani Resident of village -Ajgarwa,P.S-
Lakhaura, Dis- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar , Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 12-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State .
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 117(2), 118(2), 109(1), 351(3) and 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3 . As per the prosecution case, on 22.04.2025, when
the informant along with her husband was returning home, in
the meantime, all the F.I.R. named accused persons, including
these petitioners, intercepted them and assaulted the informant's
husband with sharp weapon. It is further alleged that when the
informant went to save her husband, she was also assaulted by
the accused persons with lathi, danda, stick and iron rod.
4. From perusal of record as well as F.I.R. it appears
Patna High Court CR. MISC. No.74361 of 2025(3) dt.12-02-2026
2/2
that petitioner assaulted husband of informant by means of
Garasa, as a result of which husband of informant sustained
multiple injuries out of which 2 injuries are grievous in nature .
Petitioner has got 9 criminal antecedents.
5 . Considering the nature of accusation , material
available on record, criminal antecedents of this petitioner and
other circumstances of the case , prayer for pre – arrest bail of
petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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