Shambhu Sahni @ Shambhunath Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54773 of 2025 Arising Out of PS. Case No.-190 Year-2025 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Shambhu Sahni @ Shambhunath Sahani S/O Babulal Sahani Resident of Village- Bankajua, Mahmada Purab Tola, P.S.- Bhagwanpur Hat, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Chandra For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bhagwanpur Hat P.S. Case No.190/2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the B.N.S.S.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that during Tilak ceremony of his son, the accused persons came and looted the articles and Dhanoj assaulted his son by knife causing injury on stomach.
4. Learned counsel submits that petitioner has been falsely implicated in the instant case by the informant. It is next
Patna High Court CR. MISC. No.54773 of 2025(2) dt.03-09-2025 2/3 submitted that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of stabbing the son of the informant is against Dhanoj and as far as the petitioner is concerned, the allegation against him is general and omnibus in nature. It is also submitted that an FIR was instituted by the wife of Dhanoj being Bhagwanpur Hat P.S. Case No.194/2025, wherein she alleged that while she was returning from a Tilak ceremony when she was intercepted by the accused persons, who tried to act inappropriately, on alarm, her family members came to save her when her husband was assaulted. The learned counsel submits that since the accused persons of Bhagwanpur Hat P.S. Case No.194/2025 had acted inappropriately with the wife of Dhanoj, as such, Dhanoj might have committed the occurrence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the allegation as alleged in the FIR, it appears that in the Tilak ceremony of the son of the informant, all of a sudden the accused persons including the petitioner came and stabbed the son of the informant, whose Tilak ceremony was going on. It is also submitted that the injury suffered by the injured has been opined to be grievous. It is next submitted that no doubt the
Patna High Court CR. MISC. No.54773 of 2025(2) dt.03-09-2025 3/3 petitioner is not alleged to have assaulted the injured by knife but then his presence along with other accused emboldened Dhanoj to commit the occurrence. It is also submitted that investigation is continuing.
6. Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.
7. The anticipatory bail application of the petitioner is rejected.
(Satyavrat Verma, J) amit/- U T