Nawab Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58905 of 2025 Arising Out of PS. Case No.-269 Year-2015 Thana- TURKAULIYA District- East Champaran ====================================================== Nawab Sahani Son of Jhingan Sahani Resident of Village - Kawalpur Kani Tola, P.S.- Turkauliya, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Turkauliya P.S. Case No. 269 of 2015, instituted for the offences punishable under Sections 341, 323, 324, 307, 379, 448, 504, 506 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that the petitioner along with other co-accused persons assaulted husband and brother-in-law of the informant by means of axe and iron-rod causing injuries to them. It is further alleged that the petitioner has snatched rupees one thousand from the pocket of Rajkishore Sahani.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.58905 of 2025(2) dt.21-08-2025 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of twenty two days in lodging the FIR. No specific allegation of assault has been attributed against the petitioner rather specific allegation of assault is against co-accused, namely, Nand Lal Sahani and Jhingan Sahani. It is further submitted that the allegation levelled against the petitioner is general and omnibus in nature. The petitioner is in custody since 26.05.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 29.07.2025 passed in Cr. Misc. No. 46362 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.58905 of 2025(2) dt.21-08-2025 3/3 below/concerned Court in connection with Turkauliya P.S. Case No. 269 of 2015.
(Rudra Prakash Mishra, J) Rajorshi/- U T