Patna High Court
Ajay Kumar Sahni @ Ajay SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioners subject to bond and surety conditions, with the possibility of cancellation for non‑cooperation.
Summary
The petitioners, Ajay Kumar Sahni and Manikant Kumar, applied for anticipatory bail fearing arrest in a case (PS Bibhutipur, Case No. 246/2023) involving multiple IPC offences including assault, robbery and criminal intimidation. They contended that the FIR was filed by an agnate informant with whom they have a property dispute, and that the allegations against them were vague, false, and not specific to the injuries described. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the petitioners' assurances of cooperation and the lack of concrete evidence linking them directly to the alleged acts, granted anticipatory bail subject to a bond of Rs.25,000 with two sureties and a condition that the bail may be cancelled if they fail to cooperate with the investigation. The order was made under Section 438(2) of the Criminal Procedure Code, with a provision for revocation upon non‑cooperation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in view of the allegations in the FIR
- Whether the petitioners' alleged non‑specific involvement in the offences warrants denial of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- Indian Penal Code
- false implication
- property dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 87709 of 2025
Arising Out of PS. Case No.-246 Year-2023 Thana- BIBHUTIPUR District- Samastipur
======================================================
1. Ajay Kumar Sahni @ Ajay Sahni S/O Bhola Sahni Resident of Village-
Khas Tabhka, P.S- Bibhutipur, District- Samastipur.
2. Manikant Kumar @ Manikant Sahni S/O Ajay Sahni Resident of Village-
Khas Tabhka, P.S- Bibhutipur, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Namrata Mishra, Sr. Adv.
Ms. Archana Jha, Adv.
Mr. Anjani Kumar, Adv.
Ms. Anushka Kumari, Adv.
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 147, 148,
149, 341, 342, 323, 325, 307, 354(A), 379, 504 and 506 of the
Indian Penal Code.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of three cases but then all the cases
have been instituted from the side of the informant. It is further
submitted that informant and petitioners are agnates and are
having dispute relating to property. It is next submitted that
Patna High Court CR. MISC. No. 87709 of 2025(3) dt.21-01-2026
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informant alleges that accused persons came to her house and
started abusing and Ajay caught her hair and tore her saree and
blouse, while Fucho assaulted Sajan by an iron rod causing
injury, thereafter Saurav and Anil assaulted Bhola and Suraj
while Manoj and Manikant assaulted his son and nephew and
Manish took Rs.20,000/- along with a chain.
4. Learned counsel submits that petitioners have been
falsely implicated in the instant case by the informant. It is next
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that against petitioner no.1, it is alleged
that he caught the informant by her hair and dashed her to the
ground while against Manikant, it is alleged that he along with
Manoj assaulted son and nephew of the informant, as such the
allegation of assault is not specific. It is also submitted that no
doubt Sajan suffered six injuries but then the allegation of
assaulting Sajan is against Fucho and Fucho is not a petitioner
in the instant anticipatory bail application. It is also submitted
that petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No. 87709 of 2025(3) dt.21-01-2026
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counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.25,000/-
(Rupees Twenty Five Thousand) each with two sureties of the
like amount each to the satisfaction of learned trial court where
the case is pending/successor court in connection with
Bibhutipur P.S. Case No.246/2023, subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioners
despite giving assurance to this court are not co-operating in the
investigation in that event the learned trial court shall be at
liberty to cancel the bail bonds of the petitioners.
(Satyavrat Verma, J)
amit/-
U T
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