Patna High CourtCR. MISC./32902/2026bail granted

Chhotu Sahani v. The State Of Bihar

2026-07-08Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32902 of 2026 Arising Out of PS. Case No.-489 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Chhotu Sahani S/o Late Satyanarayan Sahani Resident of village - Manpurwa, P.S - Madhuban, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-07-2026 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Rajendra Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 11.03.2026, in connection with Madhuban P.S. Case No. 489 of 2024, F.I.R. dated 16.11.2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 76 of the B.N.S., 2023.

3. According to prosecution case, all the accused persons including this petitioner have brutally assaulted the informant due to which she received severe injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not

2/4 committed any offence as alleged in the F.I.R. It appears from the F.I.R. that there is no specific allegation of any assault or overt attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including this petitioner. He further submits that co-accused person, namely, Nawal Sahani @ Nawaljeet Sahani has been granted the privilege of anticipatory bail by this Court vide order dated 08.01.2026 passed in Cr. Misc. No. 86750 of 2025, another coaccused person, namely, Munna Sahani has been granted the privilege of anticipatory bail by this Court vide order dated 17.04.2026 passed in Cr. Misc. No. 17618 of 2026, another coaccused person, namely, Jairam Sahani @ Jayram Sahani has been granted the privilege of anticipatory bail by this Court vide order dated 17.04.2026 passed in Cr.

Misc. No. 21269 of 2026, another co-accused person, namely, Jagu Sahani and Bigu Sahani have been granted regular bail by a Coordinate Bench of this Court vide order dated 16.04.2025 passed in Cr. Misc. No. 19524 of 2025 respectively. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 11.03.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the

3/4 petitioner and submits that the petitioner carries two more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matters.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Madhuban P.S. Case No. 489 of 2024, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his

4/4 criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T