Patna High Court
Jitu Sahni @ Amarjeet Kumar @ Amarjeet Kumar @ Amarjeet Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the allegations, supported by medical evidence, warranted denial of relief.
Summary
The petitioner, Jitu Sahni, sought anticipatory bail fearing arrest in a criminal case (PS Case No. 63 of 2025) involving alleged offences under several sections of the Indian Penal Code, including assault and robbery. The prosecution, based on the informant Subodh Sahni’s complaint, alleged that the petitioner attacked the informant’s wife with a sword, causing a head injury, and stole money and ornaments, which was supported by a medical report documenting a lacerated wound. The petitioner contended that the FIR was exaggerated and that the wife denied receiving any treatment. The informant’s counsel presented the medical evidence to substantiate the assault claim. The court, after considering the medical report and the seriousness of the allegations, concluded that no relief could be granted and rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged assault and related offences.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- assault
- Indian Penal Code
- medical evidence
- FIR
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76102 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- Mabby District- Darbhanga
======================================================
Jitu Sahni @ Amarjeet Kumar @ Amarjeet Kumar @ Amarjeet Kumar Sahni
Son of Late Suresh Sahni R/o Village - Shisho West, P.S. - Mabbi, Dist. -
Dharbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 24-02-2026 Heard Mr. Ratnakar Jha, learned counsel for the
petitioner, Mr. Kedar Jha, learned counsel for the respondent
and the State.
2. The petitioner is apprehending his arrest in
connection with Mabbi P.S. Case No. 63 of 2025 for the offence
under sections 126(2), 115(2), 109, 76, 303(2), 352, 351(2) and
3(5) of the lodged on 07.05.2025 by the informant, Subodh
Sahni.
3. As per the prosecution story, the informant alleged
that, on 07.05.2025, as his wife came from the in-laws house
and he had gone to purchase ration, the petitioner caught hold of
the wife and wanted to outrage her modesty. As she protested
and informed him, upon his return and opposition, allegation is
Patna High Court CR. MISC. No.76102 of 2025(4) dt.24-02-2026
2/2
that this petitioner gave sword blow on the head causing injury
on his left part. Further, there is allegation of taking away
amount and ornaments, she was taken to Care Hospital and then
to DMCH. This led to the FIR.
4. Learned counsel for the petitioner submits that
exaggerated FIR has been lodged, though he has criminal
antecedent, the wife of the informant gave information that she
did not underwent any treatment.
5. Learned counsel representing the informant, on the
other hand, submits that this is the case of assault to the
informant as also the lady. He has further taken this Court to the
learned Sessions Judge order to show that lacerated wound over
left parietal region 6cm x skin deep x 1/4 cm was found.
6. Considering the allegation which has been
seconded by the medical report, no relief can be extended to the
petitioner.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Adnan/-
U T
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