Patna High Court
Bhola SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was denied as the case was not fit for such relief.
Summary
The petitioner, Bhola Sahni, was implicated in a criminal case (PS Case No. 374 of 2024) involving offences under Sections 341, 323, 307, 504, 379 and 506/34 of the Indian Penal Code, alleging assault with an iron rod and lathi, and the theft of a mobile phone and gold ornaments by co‑accused. The petitioner claimed he was falsely implicated and that the allegations against him were merely general and omnibus, noting that a doctor had recorded an abrasion on the informant’s forehead and that another co‑accused had already been granted regular bail. The State opposed the petition for anticipatory bail, emphasizing the specific allegation of assault on the informant’s head. Justice Rudra Prakash Mishra held that the presence of a specific assault allegation made the case unsuitable for anticipatory bail and therefore rejected the petition. The order further indicated that if the petitioner surrenders within six weeks, a regular bail application may be considered on its merits.
Issues considered
- Whether anticipatory bail can be granted when a specific allegation of assault on the head of the informant is made against the petitioner.
Legislation cited
- Indian Penal Code — s. 307, 323, 341, 379, 504, 506/34
Subjects
- anticipatory bail
- criminal procedure
- assault
- Indian Penal Code
- bail
- high court
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89389 of 2025
Arising Out of PS. Case No.-374 Year-2024 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Bhola Sahni Son of Dhari Sahni @ Jari Sahni @ Ramdhari Chaudhari @
Ramdhari Sahani Resident of Mohalla- Agrwa ward No. 38, P.S.- Motihari
Town, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr.Nityanand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Town P.S. Case No. 374 of 2024, instituted for the offences
under Sections 341, 323, 307, 504, 379 and 506/34 of the Indian
Penal Code.
3. Prosecution case, in short, is that accused persons
named in the F.I.R, including the petitioner, have assaulted the
informant by means of iron rod, lathi, due to which he sustained
injury. It is also alleged that co-accused, namely, vishal Sahni
snatched mobile phone of the informant whereas co-accused,
namely, Sudhir Sahni snatched gold Hanumani from the
informant’s neck.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.89389 of 2025(2) dt.30-01-2026
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petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. He
further submitted that the Doctor found abrasion on forehead of
the informant. Learned counsel for the petitioner further submits
that other co-accused has been granted regular bail by this Court
vide order dated 23.10.2024 passed in Cr. Misc. No. 76004 of
2024. It has been submitted on behalf of the petitioner that the
petitioner has four criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. There is
specific allegation assault against the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, specific allegation of assault on the head of
informant is against the petitioner, in my view, this is not a fit
case for anticipatory bail, I am not inclined to grant anticipatory
bail to the petitioner.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is, hereby, rejected.
8. However, if the petitioner surrenders before the
learned court below within a period of six weeks from today and
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prays for regular bail, the same shall be disposed of on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
manish/-
U T
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