Patna High Court - Orders
Subhash Kumar Sahni vs The State Of Bihar on 17 September, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64569 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- TARIYANI CHOWK District- Sheohar
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Subhash Kumar Sahni S/O Gulten Sahni @ Surendra Sahni R/O Vill.-
Vrindavan, P.S.- Tariyani, Dist.- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Madhubala Verma, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-09-20251. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehend his arrest in a case registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 132, 109, 324(4) and 352 of the BNS, 2023.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that he received an information that fire broke out in Ward No. 11 of village Khatarwa, accordingly, the informant along with fire brigade vehicle rushed to the place of occurrence with fire fighters and others, but on the way, lumpen elements blocked the way of the fire brigade vehicle and when passerby intervened, the accused assaulted him, the informant and fire fighters, but when police came accused fled further some Patna High Court CR. MISC. No.64569 of 2025(2) dt.17-09-2025 2/4 villagers had videographed the occurrence, accordingly, Subhash, Aman and Nitesh were identified who assaulted the passerby Sumit, informant and others along with 10-15 unknown accused, further while fleeing accused left their motorcycle.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that no doubt petitioner is named in the FIR, but then since petitioner is resident of a nearby place and a marriage ceremony was going on, as such, petitioner had also gone to attend the marriage ceremony when a ruckus was created, as such, out of inquisitiveness, he came to the place of occurrence to witness that as to what was happening when he came to be implicated. It is next submitted that petitioner is not alleged to have assaulted the passerby Sumit or the informant and others.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that the occurrence was videographed and based on which the name of the petitioner transpired that he also participated in the occurrence of assault and that too of fire brigade officers who had gone to extinguish fire. It is also submitted that petitioner Patna High Court CR. MISC. No.64569 of 2025(2) dt.17-09-2025 3/4 has antecedent of two cases and in the event if petitioner is granted the privilege of anticipatory bail, he may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tariyani P.S. Case No. 92 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. One of the bailors of the petitioner shall be his father namely Gulten Sahni @ Surendra Sahni.
8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at Patna High Court CR. MISC. No.64569 of 2025(2) dt.17-09-2025 4/4 liberty to cancel the bail bonds of the petitioner.
9. It is further made clear that till the investigation is not over, the petitioner will keep marking his attendance in the concerned police station in between 1st -15th day of every month commencing from October, 2025, in the event if it is found that petitioner in any of the month has not marked his attendance, in that event also the Investigating Officer of the case shall be entitled to bring the said fact to the notice of the learned Trial Court and the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
10. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
11. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/-
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