Awadhesh Sahani @ Awadesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39923 of 2025 Arising Out of PS. Case No.-385 Year-2024 Thana- PANAPUR District- Saran ====================================================== Awadhesh Sahani @ Awadesh Sahani Son of Ramnath Sahani R/O VillageRasaulimallah Toli, P.S.- Panapur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 126(2), 115, 118(1), 109, 352, 351(2) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation in the first information report is that the petitioner assaulted the informant on the head causing injury to him.
4. It is submitted by learned counsel for the petitioner that the present F.I.R. has been lodged after a delay of three days as the occurrence is said to have been taken place on 18.12.2024, whereas the F.I.R. has been lodged on 21.12.2024. It is further submitted that there is no repetition of assault, hence no offence under Section 109 of the B.N.S. would be made out
Patna High Court CR. MISC. No.39923 of 2025(4) dt.07-08-2025 2/2 against the petitioner. Further, in the earlier order dated 19.03.2025, rejecting the bail application of the petitioner, a liberty had been granted to renew the prayer after completion of six months in custody. The petitioner is in custody since 24.12.2024. The report called by this Court also discloses that the charges have already been framed against the petitioner on 25.04.2025 and the case is pending for prosecution evidence.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 the learned Court below where the case is pending/successor Court in connection with Panapur P.S. Case No.385 of 2024, subject to the condition that the petitioner shall co-operate in the trial. (Soni Shrivastava, J) Trivedi/- U T