Patna High Court
Kailash Sahni @ Nathu SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The petitioners are entitled to bail subject to the conditions prescribed under Section 438(2) of the CrPC and Section 482 of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Kailash Sahni and Vivek Kumar, sought relief fearing arrest in a case (PS No.62 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, including assault causing simple injury. The prosecution alleged they assaulted an informant, while the petitioners claimed innocence and false implication. The petitioners applied for bail, arguing the injury was simple and they were not a flight risk. The Court, after hearing counsel, allowed the bail application, directing release on a bond of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The order directs the petitioners to surrender within four weeks and comply with the bail conditions.
Issues considered
- Whether the petitioners are entitled to bail pending arrest/surrender in view of the alleged offences under the BNSS and the nature of the injury caused.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126, 303(2), 3(5), 351, 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- anticipatory bail
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- simple injury
- false implication
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77960 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
1. Kailash Sahni @ Nathu Sahni S/o Late Botu Sahni Resident of village-
Sonwarsha, P.S.- Harsidhi, Dist.- East Champaran
2. Vivek Kumar @ Vivek Sahni S/O Lalan Sahni Resident of village-
Sonwarsha, P.S.- Harsidhi, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the State : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Harsiddhi P.S. Case No. 62 of 2025 registered
for the offence under Sections 126, 115(2), 351, 352, 109,
117(2), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioners are
said to have assaulted the informant who has sustained simple
injuries.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
Patna High Court CR. MISC. No.77960 of 2025(5) dt.10-03-2026
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injury caused to the victim is simple in nature.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released 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 the learned Judicial
Magistrate, F.C., Motihari, East Champaran/concerned Court
below in connection with Harsiddhi P.S. Case No. 62 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
P. Kumar
U T
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