Nitish Sahani @ Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41297 of 2026 Arising Out of PS. Case No.-81 Year-2026 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
Nitish Sahani @ Nitish Kumar S/O Late Pannalal Sahni Resident of VillageGodaghat, Jaysinghpur, PS-Turkaulia, District- East Champaran, Bihar845437 2.
Anil Sahani @ Anil Kumar Choudhary S/O Shri Sahani @ Shri Choudhary Resident of Village- Godaghat, Jaysinghpur, PS-Turkaulia, District- East Champaran, Bihar-845437 3.
Mani sahani @ Manish Kumar @ Manish Sahni S/O Adya Sahani Resident of Village- Godaghat, Jaysinghpur, PS-Turkaulia, District- East Champaran, Bihar-845437 4.
Sonalal Sahni S/O Shri Sahani Resident of Village- Godaghat, Jaysinghpur, PS-Turkaulia, District- East Champaran, Bihar-845437 5.
Solakh Sahni S/O Shri Sahani Resident of Village- Godaghat, Jaysinghpur, PS-Turkaulia, District- East Champaran, Bihar-845437 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Singh, Advocate For the State :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 01-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Turkauliya P.S. Case No. 81 of 2026 dated 15.02.2026, registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 324(4), 352 and 351(2) of
2/4 B.N.S., 2023.
3. As per allegation, the accused persons including the petitioners came to the house of the informant armed with lathi and iron rod and Ranjan Sahni exhorted the other accused to assault the informant, because he had crushed his goat to death by his car. They also assaulted the informant and his family members.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, the goat belonging to the informant's side got accidentally crushed by a car of one of the co-accused/Ranjan Sahni and on account of this, altercation took place between the petitioners and informant's side, leading to injury on both sides and filing of case and counter case. The counter case filed by the petitioners' side bears Turkauliya P.S. Case No. 83 of 2026. He also submits that the nature of injury allegedly caused by the petitioners' side is 'normal' in nature as per the injury report. It is not stated that the injury is grievous in nature. He further submits that even the petitioners' side have received injury on account of altercation.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier
3/4 either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. In view of case and counter case and normal/simple injury of the alleged injury, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Concerned Court below, in connection with Turkauliya P.S. Case No. 81 of 2026, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
4/4 (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) shoaib/- U T