Mithun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48377 of 2026 Arising Out of PS. Case No.-21 Year-2026 Thana- THAKURGANJ District- Kishanganj ====================================================== Mithun Sahni Son of Suresh Sahni Resident of Gandhinagar Ward No.1, P.S. - Thakurganj, District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-07-2026 Learned counsel for the petitioner seeks permission to delete paragraph no. 11 of the petition in course of the day.

02. Permission is accorded.

03. He is directed to delete paragraph no. 11 of the petition in course of the day

04. Heard learned counsel for the petitioner and learned APP for the State.

05. In the present case, the petitioner seeks bail in connection with Thakurganj P.S. Case No. 21 of 2026, registered for the offences under Sections 126(2), 115(2), 109(1), 3(5) of the BNS.

06. As per the prosecution case, petitioner and other coaccused persons brutally assaulted the husband of the informant causing serious injuries to him.

07. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence in the manner as alleged has ever taken place. There is general and omnibus

Patna High Court CR. MISC. No.48377 of 2026(2) dt.22-07-2026 2/3 allegation against the petitioner and other coaccused persons. From the FIR, it is apparent that the informant is not an eye witness and she has not seen the petitioner assaulting her husband. No motive has been mentioned and it creates doubt over the prosecution case. The injury report of the husband of the informant shows the complaint of pain and bleeding from nose and ear and lacerated swelling over the skull of size 02cmx1.4cmx1.8cm though the nature of injury is stated to be grievous and caused by hard and blunt substance. Learned counsel further submits that the petitioner and the informant are neighbours and on the date of occurrence some altercation took place over some petty dispute and the husband of the informant received injury on falling down. Petitioner is having clean antecedent and he is in custody since 27.01.2026. Charge sheet has been submitted.

08. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.

09. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the non-serious nature of injuries of the husband of the informant and clean antecedent of the petitioner, his period of custody and submission of charge sheet against him, the petitioner is directed

Patna High Court CR. MISC. No.48377 of 2026(2) dt.22-07-2026 3/3 to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned CJM, Kishanganj/concerned court, in connection with Thakurganj P.S. Case No. 21 of 2026, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T