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Patna High Court

Shivam SahiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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