Patna High Court
Nitesh Sahni @ Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482 of the Bharatiya Nyaya Sanhita.
Summary
The petitioners Nitesh Sahni and Manita Devi applied for anticipatory bail in connection with a criminal case alleging assault with a sword, pouring hot oil, and several other offences under the Bharatiya Nyaya Sanhita. They argued that the case was false, arising from a petty dispute, that both sides had suffered injuries, and that they have a clean antecedent. The State opposed the bail, emphasizing the seriousness of the offences listed. The Court examined the nature of the injuries, the claim of false prosecution, and the petitioners’ antecedents, and exercised its power under Section 482 of the BNSS to grant anticipatory bail subject to strict conditions, including a cash bond, sureties and compliance with trial‑court dates. The order also directed verification of criminal antecedent and clarified that its observations would not affect the trial.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nyaya Sanhita for the offences alleged
- Whether the petitioners’ claim of false case and clean antecedent justifies the grant of bail
- Whether the seriousness of the offences precludes the grant of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 118(2), 190, 191(2), 191(3), 303(2), 3(5), 351(2), 352, 482, 74
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- assault
- false case
- criminal antecedent
- bail conditions
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9644 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
1. Nitesh Sahni @ Nitesh Kumar S/o Vasudeo Sahni R/o Village -
Raghunathpur Imadpur, P.S - Bhagwanpur, District - Vaishali
2. Manita Devi W/o Nitesh Sahni @ Nitesh Kumar R/o Village - Raghunathpur
Imadpur, P.S - Bhagwanpur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vasant Vikas, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in connection with Bhagwanpur P.S. Case No. 293 of
2025 instituted for the offences punishable under Sections
191(2), 191(3), 190, 118(2), 352, 351(2), 109, 115(2), 303(2),
118(1), 74 and 3(5) of the Bharatiya Nyaya Sanhita.
3. The allegation against the petitioner is that the
petitioner no. 1 assaulted the informant on the head by means of
sword and in trying to stop, she received a cut injury on her left
hand, while the petitioner no. 2 is said to have poured hot oil on
one Praveen Kumar and one Kishun Devi had also received one
Patna High Court CR. MISC. No.9644 of 2026(2) dt.24-02-2026
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injury.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated and, in fact, there was
an altercation between the parties and in view of the same some
injuries have been suffered by both the sides. It has been
submitted that even the petitioners’ side has lodged one case
being Bhagwanpur P.S. Case No. 292 of 2025 against the
informant of this case. It has been submitted that from perusal of
the injury, as contained in the impugned order, the injuries upon
Mukesh Sahani and Praveen Kumar were found to be simple in
nature. It has also been submitted that a petty dispute has
escalated to such extent that false case under Section 109 of the
B.N.S. has been lodged. It has lastly been submitted that the
petitioners have clean antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the
case, the petitioners are directed to be released on bail, in the
event of their arrest or surrender before the court below within a
period of four weeks from the date of receipt/production of a
copy of this order, on their furnishing bail bonds in the sum of
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.9644 of 2026(2) dt.24-02-2026
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amount each to the satisfaction of the learned Chief Judicial
Magistrate,Vaishali at Hajipur in connection with Bhagwanpur
P.S. Case No. 293 of 2025, subject to the conditions as laid
down under Section 482 of the BNSS and subject to the
following conditions:-
(i) One of the bailors will be a close
relative of the petitioners and the other shall be a
local resident:
(ii) the petitioners will remain present on
each and every date fixed by the Court below, if so
required by the learned Trial Court;
(iii) in case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bonds of the petitioners will liable to be
cancelled by the Court concerned;
(iv) the Court below shall verify the
criminal antecedent of the petitioners and in case at
any stage, it is found that they have concealed their
criminal antecedent, the court below shall take step
for cancellation of bail bonds of the petitioner.
However, the acceptance of bail bonds in terms of
the above mentioned order shall not be delayed for
purpose of the same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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