Lal Babu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61418 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.
Lal Babu Sahni, S/o Late Parmeshwar Sahni, R/o Village- Gagsara, P.SSarairanjan, Dist- Samastipur 2.
Kuldeep Sahani @ Kuldeep, S/o Lal Babu Sahni R/o village- Gagsara, P.SSarairanjan, Dist- Samastipur 3.
Rima Devi, W/o Lal Babu Sahni, R/o village- Gagsara, P.S- Sarairanjan, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-09-2025 At the outset, learned Advocate for the petitioners submits at the Bar that during the pendency of the present application, petitioner nos. 1 and 3 got arrested and, as such, he is not pressing the bail application on their behalf.
2. Heard the parties.
3. The petitioner no.2, namely, Kuldeep Sahani @ Kuldee, is apprehending his arrest in connection with Sarai Ranjan P.S. Case No. 95 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
4. Allegedly on the fateful day, all the F.I.R. named
Patna High Court CR. MISC. No.61418 of 2025(2) dt.10-09-2025 2/3 accused persons, including petitioner no.2, variously armed, came at the door of the informant and started abusing. On protest being made, accused Lal Babu Sahani assaulted the informant by means of Lathi, due to which he sustained serious injury. There is allegation against the petitioner no.2 that he snatched Rs.30,000/- from the pocket of the son of the informant.
5. Learned Advocate for the petitioner submitted that there is omnibus allegation against all the family members, however, at the later stage, the name of the petitioner has been transpired with the allegation of snatching of Rs.30,000/- from the pocket of the son of the informant. The occurrence is alleged to have taken place on 22.05.2025 and the present F.I.R. has been instituted on 28.05.2025 and the delay in lodging the F.I.R. has not been explained. There is a Complaint case instituted by the petitioner's side against the informant and others. The petitioner having absolutely fair antecedent and undertakes before this Court that he will fully cooperate in the investigation or in the proceeding of the Court. Taking this Court through the impugned order, it has been apprised that so far the injury sustained to the informant is concerned, the same is found to be simple in nature.
Patna High Court CR. MISC. No.61418 of 2025(2) dt.10-09-2025 3/3
6. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner has actively participated in the crime.
7. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the nature of allegation, coupled with the fair antecedent and the delay, as also the simple nature of injury, let the petitioner no.2, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur in connection with Sarai Ranjan P.S. Case No. 95 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T