Patna High Court
Shivam SahiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S, 2023.
Summary
The petitioners, Shivam Sahi, Sanjeev Kumar Sahi and Anil Kumar Sahi, sought anticipatory bail fearing arrest in a case (Siswan P.S. Case No. 309 of 2025) involving multiple assault offences under the B.N.S, 2023. The FIR alleged that the petitioners, who are neighbours of the informant, assaulted several persons with a saabal, iron rod and lathi, causing both simple and grievous injuries, while a separate death of Sanju Devi was attributed to another accused, Praveen Kumar Shahi. The State opposed bail, emphasizing the serious nature of the injuries and the death. The court noted the admitted land dispute, the reciprocal injuries, and the lack of any allegation linking the petitioners to Sanju Devi's death, and therefore ordered that the petitioners be released on anticipatory bail upon surrender, subject to a bail bond, sureties, cooperation with investigation, and compliance with Sections 438(2) CrPC and 482(2) B.N.S, 2023. The order also warned that non‑cooperation could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged assault offences and the death of Sanju Devi.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- assault
- grievous injury
- criminal procedure
- Section 438
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88174 of 2025
Arising Out of PS. Case No.-309 Year-2025 Thana- SISWAN District- Siwan
======================================================
1. Shivam Sahi S/O late Kamleshwari Nandan Singh @ Late Kameshwari
Nandan Singh@ Late Kameshwari Nandan Shahi Resident of village- Jailer
Sahab ka mathiya, P.S.- Siswan, District- Siwan
2. Sanjeev Kumar Sahi S/O late Kamleshwari Nandan Singh @ Late
Kameshwari Nandan Singh@ Late Kameshwari Nandan Shahi Resident of
village- Jailer Sahab ka mathiya, P.S.- Siswan, District- Siwan
3. Anil Kumar Sahi@ Anil Kumar Singh S/O Late Parmeshwari Nandan
Singh@ Late Parmeshwari Nandan Shahi Resident of village- Jailer Sahab
ka mathiya, P.S.- Siswan, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. V.P. Sinha, Sr. Advocate
Mr. Koshalendra Rai, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
For the Informant : Mr. Anil Kr. Singh, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard Mr. Vishwanath Pd. Sinha, learned Senior
Advocate appearing on behalf of petitioners, learned APP for the
State and learned counsel for the informant.
2. The petitioners apprehend their arrest in
connection with Siswan P.S. Case No. 309 of 2025 registered
for the offence under Sections 126(2), 115(2), 118(1), 117(2),
109(1), 303(2), 352 and 351(2) of B.N.S, 2023.
3. The allegation in the F.I.R is that accused persons,
who are the neighbours of the informant, indulged in assault
caused injuries to the informant and others.
4. Learned Senior counsel for the petitioners submits
that it would be evident from the F.I.R itself that there is
admitted land dispute between the parties and the allegations
Patna High Court CR. MISC. No.88174 of 2025(2) dt.15-01-2026
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would reveal that petitioner no.2 and 1 assaulted Patiram Bhagat
and Sushil Kumar by means of saabal and iron rod due to which
they sustained injuries caused by hard and blunt object.
Petitioner no. Petitioner no.3 assaulted Madhubala Devi with
lathi causing fracture in her hand. Learned Senior counsel for
the petitioners submits that several persons on the side of the
petitioners have sustained simple as well as grievous injuries,
which are annexed as Annexure-P/5 to the petition. It has also
been submitted that so far as subsequent event of death of Sanju
Devi is concerned, there is no allegation against these
petitioners of assaulting her and is the same restes accused
Praveen Kumar Shahi. The petitioners undertake to co-operate
in investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State and learned counsel for the
informant on the ground that in addition to simple injuries, some
grievous injuries have also been caused to the injured at the
hands of the petitioners. It is further submitted that one of the
female member, namely, Sanju Devi had died in the occurrence.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that there
is admitted land dispute between the parties, existence of case
Patna High Court CR. MISC. No.88174 of 2025(2) dt.15-01-2026
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and counter case coupled with the fact that in the said
occurrence grievous injuries have been sustained on both sides
and these petitioners are not responsible for the injuries
sustained by Sanju Devi, who later succumbed to her injuries, it
is directed that the petitioners, above named, in the event of
their arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Siswan P.S. Case No. 309 of 2025 on each of
them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor Court, subject to the condition laid down
under Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023 and subject to the further condition
that petitioners shall co-operate in the investigation/trial and in
case of non-cooperation on their part, prosecution would be at
liberty to file application for cancellation of bail.
(Soni Shrivastava, J)
Harsh/-
U T
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