Patna High Court
Munna SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Munna Sahani sought anticipatory bail fearing arrest in a case (PS Case No. 489 of 2024) involving alleged assault and grievous injury to an informant. The FIR, dated 16‑11‑2024, lists several offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109 and 76 of the BNS, 2023, and contains a specific part naming co‑accused and a general omnibus part that also includes the petitioner. The petitioner contended that he was falsely implicated and pointed out that a similar omnibus allegation had earlier resulted in anticipatory bail for co‑accused Nawal Sahani. The State opposed bail, arguing the petitioner’s participation in the crime and his other pending case. Justice Rajesh Kumar Verma granted anticipatory bail on a Rs 10,000 bond with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, including cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner Munna Sahani is entitled to anticipatory bail despite the omnibus allegation in the FIR.
- Whether the presence of other pending cases or alleged participation in the crime precludes grant of anticipatory bail.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 76
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- omnibus allegation
- false implication
- bail conditions
- Criminal Procedure Code
- BNSS 2023
- section 438
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17618 of 2026
Arising Out of PS. Case No.-489 Year-2024 Thana- MADHUBAN District- East Champaran
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Munna Sahani S/o Late Satyanarayan Sahani R/o Village - Manpurwa, P.S -
Madhuban, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr.Abhishek Kumar, learned counsel
appearing for the petitioner and Mr.Bhanu Pratap Singh,
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Madhuban P.S.Case No.489 of 2024, F.I.R.
dated 16.11.2024 for the offences punishable under Sections
191(2),191(3),190,126(2),115(2),118(1),109,76 of BNS,
2023.
3. Allegation against the petitioner is that when
Chhotu Sahani pushed him from the terrace at the gunpoint
and he fell down, he alongwith other co-accused variously
armed with lathi, sword, farsa assaulted the informant and his
family members. Due to assault the informant sustained
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grievous injury.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case. Further submits that it appears from the FIR that
although the petitioner is named in the FIR and the FIR is in
two parts. In 1st part, there is specific allegation of assault
attributed against co-accused persons, namely, Chhotu Sahani
and Dharamjeet Sahani and in 2 nd part, there is general and
omnibus allegation against all the accused persons including
the petitioner and co-accused person, namely, Nawal Sahani
@ Nawaljeet Sahani, against whom the similar allegation,
has been granted privilege of anticipatory bail by this Court
vide order dated 08.01.2026 passed in Cr. Misc. No.86750 of
2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submits that the petitioner has participated in the present
crime in question and apart from that, the petitioner carries
one more case other than the present one but fairly submits
that the petitioner is on bail in the said case, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioner,
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above named, in the event of his arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, be released on bail on furnishing bail
bond of Rs.10,000 (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate-F.C., Motihari, East Champaran in connection
with Madhuban P.S.Case No.489 of 2024, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of BNSS,2023 and with
other following conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
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his/her criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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