Patna High Court
CR. MISC./55753/2026 of Deepak Sahani Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55753 of 2026 Arising Out of PS. Case No.-125 Year-2026 Thana- BAGHA District- West Champaran ====================================================== 1. Deepak Sahani S/O Hiraman Sahani R/O Poor House, Teliya tola, Ward No. 35, Police
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55753 of 2026
Arising Out of PS. Case No.-125 Year-2026 Thana- BAGHA District- West Champaran
======================================================
1.
Deepak Sahani S/O Hiraman Sahani R/O Poor House, Teliya tola, Ward No.
35, Police Station- Bagaha, District- West Champaran.
2.
Rahul Sahani @ Rahul Kumar S/O Hiraman Sahani R/O Poor House, Teliya tola, Ward No. 35, Police Station- Bagaha, District- West Champaran.
3.
Govind Sahani S/O Asarfi Sahani R/O Poor House, Teliya tola, Ward No.
35, Police Station- Bagaha, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Vijay Kr Singh No. 1, Advocate
For the Opposite Party/s :
Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Bagaha P.S. Case No. 125 of 2026 registered on 08.04.2026 for the offences punishable under Sections 126(2), 115(2), 109(1), 303(2) and 3(5) of the BNS, 2023.
3. As per the prosecution, the FIR has been lodged against 16 named accused persons, including the present petitioners. The specific allegation is against one Angad Sahni, on whose order Petitioner No. 1 and Petitioner No. 2 have allegedly assaulted with an iron rod and farsa, due to which injury has been caused. The allegation against Petitioner No. 3 is that he has also assaulted one Seema Devi with an iron rod.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the informant and the petitioners' side are residents of the same village, basically they are pattidars (agnates), and an old dispute is going on between them, which has been accepted in the FIR itself. Learned counsel further submits that there is no specific allegation against the petitioners. Counsel submits that in the rejection order, the Sessions Court while rejecting the bail application of the petitioners has found only one injury, which is lacerated in nature. Counsel points out that against Petitioner No. 3, the allegation is of assaulting another person and not the informant. Furthermore, the allegation against Petitioner No. 2 is that he assaulted with a farsa; however, the medical report indicates that the nature of the injury is lacerated, which cannot be caused by a farsa. He concludes his argument by submitting that the petitioners hold a clean antecedent and they are ready to fulfill all conditions whatsoever shall be imposed by this Court.
5. Learned APP for the State opposes the prayer for bail, but fairly submits that only one injury has been caused on the parietal region measuring 1 cm x 2 mm, as indicated in the rejection order.
6. In the light of the submissions made, this Court finds that the said injury cannot be attributed to the weapons allegedly used by Rahul Sahani and Govind Sahani (Petitioner No. 2 and Petitioner No. 3). Therefore, let Petitioner No. 2 namely, Rahul Sahani @ Rahul Kumar and Petitioner No. 3 namely, Govind Sahani be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30000/- (thirty ₹ thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the A.C.J.M. 1st, Bagaha, West Champaran, in connection with Bagaha P.S. Case No. 125 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
7. However, this Court is not inclined to grant bail to Petitioner No. 1 namely, Deepak Sahani. Accordingly, his prayer for anticipatory bail is rejected, with liberty that if he surrenders before the concerned Trial Court within a period of four weeks from today then in that case, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day absolutely and strictly according to the law, without being prejudiced by the fact that the anticipatory bail application of the petitioner has been rejected by this Court, and the Trial Court shall pass order on the merits of the case.
Manshi/- (Dr. Anshuman, J) U T