Patna High Court
Umesh SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Umesh Sahni, was named in an FIR for alleged assault offences under several sections of the Indian Penal Code, including assault with a weapon and causing grievous hurt. He contended that he merely caught hold of the informant and did not partake in any overt act, arguing that the allegations were vague and the injuries were minor. The State opposed his bail application, seeking his arrest. The court examined the nature of the accusations, the simplicity of the injuries, and the petitioner's clean antecedent, and concluded that anticipatory bail was appropriate. Accordingly, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR alleging multiple offences under the IPC.
- Whether the allegations against the petitioner constitute a specific overt act justifying denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
- clean antecedent
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.178 of 2026
Arising Out of PS. Case No.-33 Year-2024 Thana- MANER District- Patna
======================================================
Umesh Sahni S/o Amichan Sahni R/o Village - Islamganj, P.S - Maner,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Satyendra Kumar Shrivastava, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 341, 323, 324, 379, 307,
504, 506/34 of the Indian Penal Code.
3. As per F.I.R., this petitioner caught hold of the
informant and all the named accused persons assaulted
informant and his nephew by means of iron rod and knife.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. From bare
perusal of the F.I.R. it is apparent that this petitioner is only
alleged to have caught hold of the informant. Allegation against
petitioner is general and omnibus and there is no allegation of
any specific overt act against this petitioner. Moreover, injuries
sustained by the injured are simple in nature. Petitioner claims
Patna High Court CR. MISC. No.178 of 2026(2) dt.10-02-2026
2/2
clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation, injuries and clean antecedent, this anticipatory bail
is allowed and it is ordered that let the above named petitioner
in the event of his arrest/surrender before the court below within
a period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Judicial
Magistrate, 1st Class, Danapur in connection with Maner P. S.
Case No. 33 of 2024, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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