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Patna High Court

Munna SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.17618 of 2026(2) dt.17-04-2026
                                            2/4




          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,
Patna High Court CR. MISC. No.17618 of 2026(2) dt.17-04-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.17618 of 2026(2) dt.17-04-2026
                                                           4/4




                         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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