Sharvan Sahani Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Sharvan Sahani Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender in the Court below within four weeks; on arrest or surrender in connection with Madhuban P.S. Case No. 42 of 2024, to be enlarged on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, subject to conditions under section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in Madhuban P.S. Case No. 42/24, G.R. No. 611 of 2024 (offences under IPC ss.147, 148, 149, 341, 342, 323, 337, 325, 307, 332, 333, 353, 427, 504, 506 and ss.3, 4 of the Preparation of Damage of Public Property Act 1984 as printed), should be enlarged on anticipatory bail.

Court's answer

Having heard learned counsel for the parties and in the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail: he is directed to surrender in the Court below within four weeks, and in the event of his arrest or surrender in connection with Madhuban P.S. Case No. 42 of 2024 he is to be enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari.

Ratio / Principle

The enlargement on bail is made subject to the conditions laid down under section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail allowed (Patna High Court, Ashok Kumar Pandey, J., 16-07-2025) in CR. MISC. No.44927 of 2025 arising from Madhuban P.S. Case No. 42/24, G.R. No. 611 of 2024 (East Champaran), instituted for offences under IPC ss.147, 148, 149, 341, 342, 323, 337, 325, 307, 332, 333, 353, 427, 504, 506 and ss.3, 4 of the 'Preparation of Damage of Public Property Act 1984' (as printed). Prosecution case: after an accident at Bajitpur Chowk, 46 named and 40-50 unknown persons assaulted vehicle owners and attempted to assault police. Petitioner's counsel urged innocence, implication on chowkidar-sourced information, general and omnibus allegations, and no criminal antecedent; State opposed. Court directed surrender within four weeks and enlargement on bail of Rs. 10,000 with two like sureties before CJM, East Champaran, Motihari, subject to s.438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44927 of 2025

Arising Out of PS. Case No.-42 Year-2024 Thana- MADHUBAN District- East Champaran

======================================================

Sharvan Sahani S/o Vaidhnath Sahni Resident of village- Bajitpur, PSMadhuban, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mrs. Usha Kumari, Adv. For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 16-07-2025 Heard Mrs. Usha Kumari, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Madhuban P.S. Case No. 42/24, G.R. No. 611 of 2024 instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 337, 325, 307, 332, 333, 353, 427, 504, 506 of the Indian Penal Code and Section 3, 4 of the Preparation of Damage of Public Property Act 1984.

The case of the prosecution is that at Bajitpur Chowk, one accident took place, and in that accident, certain persons were injured. Local persons apprehended the vehicle and the vehicle owners, and they were assaulting them. The police reached there and tried to save them. It is alleged that

Patna High Court CR. MISC. No.44927 of 2025(2) dt.16-07-2025 2/3

altogether 46 named persons and 40-50 unknown persons were there. They attempted to assault the police as well.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that the name of this petitioner has surfaced in this case on the basis of information gathered from local chowkidar . He further submits that the nature of allegation against the petitioner is general and omnibus. It has lastly been submitted that a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Madhuban P.S. Case No. 42 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East

Patna High Court CR. MISC. No.44927 of 2025(2) dt.16-07-2025 3/3

Champaran, Motihari, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J)

Sudhanshu/-

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