Patna High Court
Arun Sahani @ Arun Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PARTHA SARTHY
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352
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
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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
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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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