Sagar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15500 of 2026 Arising Out of PS. Case No.-125 Year-2024 Thana- SINDHIYA District- Samastipur ====================================================== Sagar Sahani S/O Nago Sahani Resident of Village- Dudhpura, Ward No.3, Post- Mangalgarh, Police Station- Hasanpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pratik For the Opposite Party/s :
Mr.Rabindra Kumar- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-03-2026
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 126(2), 127(2), 115(2), 109, 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that friend of his son namely, Sagar Sahni came on 30.06.2024 at 11.00 P.M. and asked her son to accompany them with his motor for installing at their house, since construction was going on. Accordingly, her son accompanied them with motor, but did not return, thus her daughter in-law called the victim on his mobile but the same was switched off, next day a picture went viral of an injured
2/5 person and the informant identified the victim as her son. Accordingly, she reached at the place of occurrence and took him to the hospital in an injured condition, but doctor referred him to PMCH where his is under treatment. Further, informant went to the house of Sagar to enquire but Sagar did not disclose anything, but his father Nago handed over the mobile of her son saying that he had left the mobile, thus alleges that accused persons assaulted her son and thinking that he is dead threw him at the place of occurrence from where he was recovered. It is further alleged that motorcycle of her son was found standing at Keluhaghat, but the key was missing, as such, the motorcycle somehow was brought to the house.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant based on suspicion. It is next submitted that what is not in dispute rather stands admitted from the FIR is that petitioner and the son of the informant were good friend. It is also submitted that the statement of the victim was recorded by the police at Para-51 of the case diary wherein the victim has disclosed that petitioner had come to his house and he had accompanied him with the motor and when he reached the house of the petitioner, there they had rice and fish along with
3/5 liquor. Further, he got intoxicated as he was made to drink liquor and thereafter he went in a hut where Nago Sahni was present and thereafter he does not remember what happened with him. The learned counsel next submits that even the victim has not disclosed that he was assaulted by the petitioner or his father. It is further submitted that after consuming liquor, the victim left for his house and it appears that he fell and got bruises as would manifest from the injury report as recorded at Para-53 of the case diary. It is submitted that the injury report records:- "right leg ankle joint having cut left leg knee, having cut stitched right side head cut stitched, head having edema toe having cut.
5. It is further submitted that the nature of injury as recorded in the injury report also gets corroborated from the fact that motorcycle of the victim was recovered from Keluhaghat which amply demonstrates that victim after consuming liquor was coming back home when he fell. It is further submitted that petitioner and victim are good friends and even victim has not cast any aspersion against the petitioner in his statement recorded before the police. It is further submitted that Nago Sahani was taken in custody, but then, was granted the privilege of regular bail by an order 19.04.2025 in Cr. Misc. No.15869 of
4/5 2025 by a learned Coordinate Bench. It is next submitted that if privilege of anticipatory bail is granted to the petitioner, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
6. Learned A.P.P. Sri Rabindra Kumar opposes the anticipatory bail application.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Singhia P. S. Case No.125 of 2024, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
8. The application stands allowed.
9. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required,
5/5 the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
10.The case diary was produced by the learned counsel appearing on behalf of the petitioner based on which the injury and statement of the victim has been recorded in the instant order.
11.
Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T