Patna High Court
Santosh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Santosh Sahni, was named in an FIR for alleged assault on an informant's family, with charges under several sections of the Bhartiya Nyay Sanhita. He sought anticipatory bail, arguing that the allegations were general, omnibus, and that he has a clean antecedent. The State opposed, claiming his active involvement in the assault. The court examined the diary entry showing the victim's statement and found no specific allegation against the petitioner. Considering the lack of direct accusation and his clean record, the court granted anticipatory bail subject to a bond and sureties, with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the general nature of the assault allegations
- Whether the petitioner is specifically implicated in the offences under the Bhartiya Nyay Sanhita
- Whether the petitioner’s clean antecedent warrants bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita — s. 109, 115(2), 118(1), 126, 305, 3(5), 351(2), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- clean antecedent
- general allegations
- assault
- Cr.P.C. Section 438
- BNSS Section 482
- Bhartiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80162 of 2025
Arising Out of PS. Case No.-102 Year-2025 Thana- SAHARGHAT District- Madhubani
======================================================
Santosh Sahni S/o- Narayan Sahni Vill- Saharghat, P.S-Saharghat, District
-Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi, Advocate
For the Opposite Party/s : Mr.Amitesh Kumar,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Saharghat P.S.
Case No. 102 of 2025 registered for the offences punishable
under Sections 126, 115(2), 118(1), 109, 305, 352, 351(2),
351(3), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short,
the ‘B.N.S.’).
3. The allegation against the petitioner is to assault
the informant and other family members alongwith co-
accused persons causing head and bodily injury where alleged
assault was made with intention to cause death of son of the
informant.
Patna High Court CR. MISC. No.80162 of 2025(4) dt.20-02-2026
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4. Ms. Kumari Pallavi, learned counsel appearing on
behalf of the petitioner submitted that parties are in inimical
terms due to previous litigation and out of that the entire
family members were implicated falsely with the present case.
5. In support of her submission, learned counsel
drawn attention of this Court toward paragraph ‘27’ of the
case diary where statement of injured Ram Babu Sahani is
available, which, upon perusal, suggests that allegation of
assault was very much general and omnibus in nature, where
to some extent it was specified against Pappu Sahani and
Pramod Sahani. Petitioner claimed clean antecedent.
6. Learned A.P.P. for the State, while opposing the
prayer for anticipatory bail of the petitioner, submitted that
petitioner is actively involved in the occurrence.
7. In view of the aforesaid factual submissions and
by taking note of the fact as the thrust of allegation qua
physical assault is not available specifically against this
petitioner rather same appears very much general and
omnibus in nature, accordingly, petitioner above-named, who
is a man of clean antecedent, in the event of his
Patna High Court CR. MISC. No.80162 of 2025(4) dt.20-02-2026
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arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate, Benipatti, District - Madhubani/concerned court in
connection with Saharghat P.S. Case No. 102 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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