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Patna High Court

Arun Sahani @ Arun Kumar SahaniversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Bail was denied to petitioner no.1 (Arun Sahani) but granted to petitioner no.2 (Mithilesh Sahani) on condition of a bail bond.

Summary

The petitioners, Arun Sahani and Mithilesh Sahani, were arrested in connection with a case (Chakia PS No.508 of 2025) alleging assault with an iron rod on an informant and another person. They filed applications for regular bail under several sections of the Bhartiya Nyaya Sanhita, 2023, claiming false implication and no prior criminal record. The State opposed, highlighting that Arun allegedly caused grievous injuries to the informant, while Mithilesh caused only simple injuries. The Court rejected Arun's bail application, noting the seriousness of the grievous injury, but granted him liberty to re‑apply after six months. Mithilesh was released on bail upon furnishing a Rs.10,000 bond with two sureties, as the injury attributed to him was deemed simple and the charge‑sheet had already been filed.

Issues considered

  • Whether regular bail should be granted to the accused under the provisions of the Bhartiya Nyaya Sanhita, 2023 given the nature of injuries caused.
  • Whether the distinction between grievous and simple injury affects the bail decision.

Legislation cited

Subjects

  • regular bail
  • grievous injury
  • simple injury
  • Bhartiya Nyaya Sanhita
  • criminal procedure
  • East Champaran
  • assault
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91347 of 2025
                   Arising Out of PS. Case No.-508 Year-2025 Thana- CHAKIA District- East Champaran
                 ======================================================
           1.     Arun Sahani @ Arun Kumar Sahani S/O Mithilesh Sahani @ Mithlesh
                  Sahani Resident of Village- Bara Baishaha, P.S.- Chakiya, District- East
                  Champaran.
           2.     Mithilesh Sahani @ Mithlesh Sahani S/O Baburam Sahani Resident of
                  Village- Bara Baishaha, P.S.- Chakiya, District- East Champaran.
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   19-03-2026                  1. Heard learned counsel for the parties.

                                2. The petitioners have preferred this application for

                   grant of regular bail in connection with Chakiya P.S. Case

                   no.508 of 2025 registered under sections 126(2), 115(2), 329(3),

                   109(1), 303(2), 352, 351(2) and 3(5) of the Bhartiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the seven named

                   accused persons including the two petitioners herein are said to

                   have come variously armed at the door of the informant. It is

                   further stated that they started to abuse and assault the informant

                   and others. While the petitioner no.1 is said to have assaulted

                   the informant on his head with an iron rod, the petitioner no.2 is

                   said to have assaulted Santu Sahani with an iron rod on his
Patna High Court CR. MISC. No.91347 of 2025(4) dt.19-03-2026
                                            2/3




          head.

                       4. Learned counsel for the petitioners submits that the

          petitioners have been falsely implicated in the case. There is

          case and counter case between the parties with the correct

          version having been narrated in the counter case lodged by the

          petitioner’s side and FIR of which is Annexure P/2 to the

          petition. Injuries have been sustained by persons on both the

          sides. The petitioners have no criminal antecedent and are in

          custody since 21.9.2025. Charge-sheet has been submitted in the

          case.

                       5. The application for bail is opposed by learned A.P.P

          for the State, who submits that there is allegation against both

          the petitioners of having assaulted the informant Basant Sahani

          and Santu Sahani with an iron rod on their head as a result of

          which corresponding injuries have been found. It is further

          stated that one of the injury on the informant has been found to

          be grievous in nature.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegation against the petitioner

          no.1 of having assaulted with an iron rod on the head of the

          informant causing grievous injuries, the Court is not inclined to

          enlarge the petitioner no.1 Arun Sahani @ Arun Kumar Sahani
             Patna High Court CR. MISC. No.91347 of 2025(4) dt.19-03-2026
                                                         3/3




                       on bail and the application is rejected.

                                    7. Liberty is granted to the petitioner no.1 to renew his

                       prayer for bail after six months.

                                    8. In the facts and circumstances of the case, the

                       injury attributable to petitioner no.2 having been found to be

                       simple in nature, the petitioner no.2 Mithilesh Sahani @

                       Mithlesh Sahani having remained in custody for about 6 months

                       since 21.9.2025 and chargesheet having been submitted in the

                       case, he is directed to be enlarged on bail in connection with

                       Chakiya P.S. Case no.508 of 2025 on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned Chief Judicial

                       Magistrate, East Champaran, Motihari.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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