Shivam Sahi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88174 of 2025 Arising Out of PS. Case No.-309 Year-2025 Thana- SISWAN District- Siwan ====================================================== 1.
Shivam Sahi S/O late Kamleshwari Nandan Singh @ Late Kameshwari Nandan Singh@ Late Kameshwari Nandan Shahi Resident of village- Jailer Sahab ka mathiya, P.S.- Siswan, District- Siwan 2.
Sanjeev Kumar Sahi S/O late Kamleshwari Nandan Singh @ Late Kameshwari Nandan Singh@ Late Kameshwari Nandan Shahi Resident of village- Jailer Sahab ka mathiya, P.S.- Siswan, District- Siwan 3.
Anil Kumar Sahi@ Anil Kumar Singh S/O Late Parmeshwari Nandan Singh@ Late Parmeshwari Nandan Shahi Resident of village- Jailer Sahab ka mathiya, P.S.- Siswan, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. V.P. Sinha, Sr. Advocate Mr. Koshalendra Rai, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP For the Informant :
Mr. Anil Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-01-2026 Heard Mr. Vishwanath Pd. Sinha, learned Senior Advocate appearing on behalf of petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in connection with Siswan P.S. Case No. 309 of 2025 registered for the offence under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 303(2), 352 and 351(2) of B.N.S, 2023.
3. The allegation in the F.I.R is that accused persons, who are the neighbours of the informant, indulged in assault caused injuries to the informant and others.
4. Learned Senior counsel for the petitioners submits that it would be evident from the F.I.R itself that there is admitted land dispute between the parties and the allegations
Patna High Court CR. MISC. No.88174 of 2025(2) dt.15-01-2026 2/3 would reveal that petitioner no.2 and 1 assaulted Patiram Bhagat and Sushil Kumar by means of saabal and iron rod due to which they sustained injuries caused by hard and blunt object. Petitioner no. Petitioner no.3 assaulted Madhubala Devi with lathi causing fracture in her hand. Learned Senior counsel for the petitioners submits that several persons on the side of the petitioners have sustained simple as well as grievous injuries, which are annexed as Annexure-P/5 to the petition. It has also been submitted that so far as subsequent event of death of Sanju Devi is concerned, there is no allegation against these petitioners of assaulting her and is the same restes accused Praveen Kumar Shahi. The petitioners undertake to co-operate in investigation/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the informant on the ground that in addition to simple injuries, some grievous injuries have also been caused to the injured at the hands of the petitioners. It is further submitted that one of the female member, namely, Sanju Devi had died in the occurrence.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that there is admitted land dispute between the parties, existence of case
Patna High Court CR. MISC. No.88174 of 2025(2) dt.15-01-2026 3/3 and counter case coupled with the fact that in the said occurrence grievous injuries have been sustained on both sides and these petitioners are not responsible for the injuries sustained by Sanju Devi, who later succumbed to her injuries, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Siswan P.S. Case No. 309 of 2025 on each of them furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that petitioners shall co-operate in the investigation/trial and in case of non-cooperation on their part, prosecution would be at liberty to file application for cancellation of bail.