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2026 DAILYLAW 105 (PAT)

Pramod Kumar Sahani v. The State of Bihar

CR. MISC./21210/2026 · 2026-04-08

Alok Kumar Sinha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21210 of 2026 Arising Out of PS. Case No.-1090 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== 1. Pramod Kumar Sahani Son of Late Hoshila Sahani Resident of Village- Diuliya, P.S.- Shikarpur, District- West Champaran 2. Manod Kumar Sahani @ Manoj Kumar Sahani Son of Late Hoshila Sahani Resident of Village- Diuliya, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharad Kumar Verma, Adv For the Opposite Party/s : Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 08-04-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in connection with Shikarpur P.S. Case No. 1090 of 2015, registered for the offence punishable under Sections 126(2), 115(2), 109(1), 303(2), 352, 3(5) of the B.N.S., 2023 on the basis of Complaint Case No. 283 of 2025 referred under Section 175(3) of the BNSS. 3. The case of the prosecution, in short, is that the informant alleged that the accused persons were illegally constructing a house on his share of land. When his mother objected, the accused persons started abusing her. When other Patna High Court CR. MISC. No.21210 of 2026(2) dt.08-04-2026 2/4 family members intervened, one of the accused persons attacked the informant and his wife with a sharp weapon (farsa), causing serious injuries. During the incident, the accused also snatched gold earrings worth 22,000 from the informant’s wife. When ₹ the informant tried to protect her, he was again beaten and injured. On hearing the noise, nearby people came and rescued the family members. The injured were first taken to the Sub- Divisional Hospital, Narkatiaganj, and then referred to G.M.C.H., Bettiah for treatment. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The allegations levelled against them are false and fabricated. He further submits that the petitioners and informant are full brothers and have been bickering over partition dispute. He further submits that the petitioners were made accused in Complaint Case No. 2632 of 2024 by the informant himself but after enquiry, the same was dismissed under Section 226 BNSS. 5. Learned A.P.P. for the State opposes the prayer of anticipatory bail. 6. The allegation in the FIR is that the petitioners have assaulted the informant by farsa, causing injuries to the Patna High Court CR. MISC. No.21210 of 2026(2) dt.08-04-2026 3/4 informant and his wife. The impugned order records that the injury sustained by Pankaj Kumar Sahni and Rani Devi are simple in nature, although it was inflicted on vital part of the body. The petitioners were made accused in Complaint Case No. 2632 of 2024 by the informant himself but after enquiry, the same was dismissed under Section 226 BNSS, this disclosure has been made in paragraph 3 of this application. Considering the aforesaid facts and circumstances of the present case, this Court is inclined to grant privilege of anticipatory bail to the petitioners. 7. Let the petitioners, named above, in the event of their arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 1090 of 2015, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to the further condition that:- (i) the petitioners shall co-operate in the investigation/trial. Patna High Court CR. MISC. No.21210 of 2026(2) dt.08-04-2026 4/4 (ii) the learned Court would, however, verify the criminal antecedent of the petitioners and in case it is found that the petitioners have concealed their criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioners. However, it is expected that the verification process would be done expeditiously without causing any delay. kiran/- (Alok Kumar Sinha, J) U T