Patna High Court
Sukho Sahni @ Sunil SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Sukho Sahni, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. alleging assault on the son of an informant. The prosecution alleged that the petitioner, along with others, assaulted the victim with a lathi and iron rod. The petitioner contended innocence, stating the incident arose from a petty dispute, there was no injury report, and he possessed a clean antecedent. The State opposed the bail, but the court considered the lack of substantive evidence, the counter‑case, and the petitioner's clean record. Accordingly, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the allegations and the absence of an injury report.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- clean antecedents
- injury report
- assault
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8625 of 2026
Arising Out of PS. Case No.-216 Year-2025 Thana- PURAINI District- Madhepura
======================================================
Sukho Sahni @ Sunil Sahni S/O Late Anandi Sahni R/O Village- Puraini,
Ward No.-05, P.S - Puraini, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Dr. Sanjay Kumar Singh, Advocate
For the State : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 115(2),
126(2), 118(1), 76, 303(2), 109, 351(2), 352 and 3(5) of the
B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, along with other F.I.R. named accused persons.
assaulted son of informant, namely Gulab Kumar with lathi and
iron rod.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.8625 of 2026(2) dt.23-02-2026
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behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, due to petty dispute,
altercation took place between the parties in which both sides
sustained injuries. There is case and counter-case. Though this
petitioner is alleged to have assaulted son of informant,
however, there is no injury report of son of informant on record
to substantiate the allegations levelled against this petitioner.
Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, materials available on record, case and counter-case
between the parties and clean antecedents of the petitioner, the
prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-I, Udakishunganj,
Madhepura in connection with Puraini P.S. Case No. 216 of
Patna High Court CR. MISC. No.8625 of 2026(2) dt.23-02-2026
3/3
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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