Patna High Court
Balli Sahni @ Bali SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Balli Sahni applied for bail in a case (Sahiyara PS Case No. 170 of 2025) alleging his involvement in the death of an informant's father, charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution claimed the accused assaulted the deceased with a lathi, causing his death. The petitioner contended he was falsely implicated, pointing out that the FIR was vague, the post‑mortem report showed no external injuries, and the cause of death was likely sudden cardiac arrest. The court, after hearing both sides, found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail with a bond of Rs 10,000 and two sureties. Additionally, the court directed the civil surgeon to take action against doctors for preparing illegible injury and post‑mortem reports.
Issues considered
- Whether bail should be granted to the accused in a homicide case under Sections 103(1) and 3(5) of the B.N.S., 2023 given the lack of external injuries and questionable post‑mortem findings.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- homicide
- lathi assault
- post‑mortem report
- medical report legibility
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- evidentiary insufficiency
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91945 of 2025
Arising Out of PS. Case No.-170 Year-2025 Thana- SAHIYARA District- Sitamarhi
======================================================
Balli Sahni @ Bali Sahani S/o Late Saheb Sahni R/o village - Hanuman
Nagar, P.S. - Sahiyara, Dist. - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-01-2026 Heard Mr. Santosh Kumar, learned counsel for the
petitioner and Mr. Ram Anurag Singh, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Sahiyara P.S. Case No. 170 of 2025 registered for the
offence punishable under Sections 103(1), 3(5) of the B.N.S.,
2023.
3. The case of the prosecution in short is that on
27.08.2025, the petitioner along with others were having scuffle
with Roshan Kumar the father of the informant has gone to
console the parties. It is alleged that the accused persons have
assaulted him with lathi-danda due to which he died.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.91945 of 2025(2) dt.29-01-2026
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committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that from
perusal of the FIR, it is clear that the nature of the allegation is
general and omnibus. He also submits that from perusal of the
postmortem report, it transpires that the board conducting the
autopsy on the body of the deceased has found no external
injury on his body, and the board has also opined that, in our
opinion, the cause of death may be due to sudden cardiac arrest.
He also submits that though from the perusal of the order of the
learned trial court, according to the statements of the victim, the
deceased was given 100 lathi blows but there is no any mark of
injury on the body of the deceased. This falsifies the statement
of the witnesses given during the course of investigation. He
further submits that a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 29.08.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.91945 of 2025(2) dt.29-01-2026
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bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Sitamarhi/Competent Jurisdiction in
connection with Sahiyara P.S. Case No. 170 of 2025.
7. Before parting, I would like to note that time
and again, the doctors have been directed to write injury
reports and postmortem reports either in block letters or in
typed form. Despite the above directions, the doctors
continue to write injury reports and postmortem reports like
their prescriptions, which cannot be read by a common
person.
8. The Civil Surgeon of Sitamarhi Hospital is,
therefore, directed to take necessary action against the
doctors who conducted the autopsy and prepared the
postmortem report which is not legible.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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