Patna High Court
Ramesh SahniversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to petitioners No.1 and No.2, and the application was dismissed as withdrawn for petitioner No.3.
Summary
The petitioners, Ramesh Sahni, Rajiv Sahni and Golu Kumar, were charged in a 2025 case for assault causing grievous injury, alleged under sections 126(2), 115(2), 117(2), 110, 74 and 3(5) of the B.N.S., 2023. They filed an anticipatory bail application. During the pendency, petitioner No.3 (Golu Kumar) was arrested, and his counsel sought to withdraw the bail application on his behalf. The court dismissed the application as withdrawn for petitioner No.3. For petitioners No.1 and No.2, the court found a general and omnibus allegation and allowed anticipatory bail, directing release on a bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC. The order was pronounced by Justice Sandeep Kumar of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to petitioners No.1 and No.2 under the allegations of assault and grievous injury.
- Whether the anticipatory bail application can be withdrawn for petitioner No.3 after his arrest.
Legislation cited
- B.N.S., 2023 — s. 110, 115(2), 117(2), 126(2), 3(5), 74
Subjects
- anticipatory bail
- Section 438 CrPC
- assault
- grievous injury
- withdrawal of bail application
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88836 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- PIPRIYA District- Lakhisarai
======================================================
1. Ramesh Sahni S/O Sanjay Sahni @ Bajo Sahani.
2. Rajiv Sahni @ Rajiv Kumar S/O Gopali Sahni.
3. Golu Kumar S/O Sanjay Sahni @ Bajo Sahani.
All are resident of village - Mohanpur, P.S-Pipariya, Distt.-
Lakhisarai.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rabi Bhushan, Advocate
For the Opposite Party : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the parties.
2. This application for anticipatory bail arises
out of Pipariya P.S. Case No.59 of 2025 for the offence
punishable under sections 126(2), 115(2), 117(2), 110, 74, 3(5)
of the B.N.S., 2023.
3. Learned counsel for the petitioner seeks
permission to withdraw this bail application on behalf of
petitioner no.3, above named, as he has been arrested during the
pendency of this case.
4. Accordingly, this bail application is
dismissed as withdrawn as against the petitioner no.3, above
named.
Patna High Court CR. MISC. No.88836 of 2025(3) dt.26-02-2026
2/2
5. The petitioners are accused of assaulting the
victims and one of the victims has sustained grievous injury.
6. Considering the fact that there is general and
omnibus allegation against the petitioner nos.1 and 2, this
application is allowed as against petitioner nos. 1 and 2.
7. Let the petitioner nos.1 and 2, above named,
in the event of their arrest/surrender within six weeks from
today in the Court below, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Lakhisarai / concerned Court below, in
connection with Pipariya P.S. Case No.59 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure.
(Sandeep Kumar, J)
pawan/-
U T
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