Patna High Court
Pramod SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, Pramod Sahni and Paro Devi, sought regular bail in a case registered under multiple sections of the BNS for alleged assault on a fish business informant. The prosecution alleged that the petitioners and others attacked the informant with sticks, iron rods, fists, slaps, and a brick, causing a grievous head injury. The petitioners claimed innocence, argued that there was no repetition of blows, and highlighted their lack of prior criminal record while they had been in judicial custody since 25‑12‑2025. The State opposed the bail application. Considering the facts, the court decided to grant bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to the accused persons charged under sections 126(2), 115(2), 118(1), 109(1), 303(2), 329(3), 117(2), 352, 351(2) and 3(5) of the BNS.
Legislation cited
- BNS — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 329(3), 3(5), 351(2), 352
Subjects
- regular bail
- criminal procedure
- assault
- grievous hurt
- Bihar High Court
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8271 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
1. Pramod Sahni S/O Ram Sevak Sahni R/O Village- Kamalpur, P.S-
Khutauna, District - Madhubani
2. Paro Devi W/O Ram Sevak Sahni R/O Village- Kamalpur, P.S- Khutauna,
District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash
For the Opposite Party/s : Mr.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioners, informant
and learned APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 126
(2), 115 (2), 118 (1), 109 (1), 303 (2), 329 (3), 117 (2), 352, 351
(2) and 3 (5) of the BNS.
3. The case of the prosecution is that the informant is
a business of fish and while he was returning house after selling
the fist, the petitioner along with others surrounded him. It is
alleged that Pramod assaulted with ‘lathi’, Manoj assaulted him
with ‘iron rod’ and other accused persons assaulted with ‘fists’
and ‘slaps’. It is further alleged that Paro Devi assaulted him
Patna High Court CR. MISC. No.8271 of 2026(2) dt.12-02-2026
2/2
with a piece of brick which caused injury to his head.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in
connection with the present case. It is further submitted that
from perusal of the order passed by the learned trial Court, it
transpires that the injury on the head has been found to be
grievous in nature, however, there is no repetition of blow.
Moreover, the petitioners are languishing in judicial custody
since 25.12.2025 having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioners on
bail. The above named petitioners are directed to be released on
bail in connection with Khautana P.S. Case No. 55 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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