Patna High Court
Dilip sahani @ Dilip Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted pre‑arrest bail to the petitioner subject to prescribed bond and conditions.
Summary
The petitioner, Dilip Sahani, sought pre‑arrest bail in connection with a case (Gadahiya PS Case No.174 of 2025) alleging his participation in an assault on the informant's grandsons, resulting in serious head injury to one victim. The FIR implicated eleven accused, including the petitioner, under multiple sections of the Bharatiya Nyaya Sanhita, but the petitioner argued that the allegations were omnibus and he was not specifically identified as a member of the unlawful assembly. He further contended that the informant was not an eye‑witness and the injured party had not made any specific accusation against him, while emphasizing his clean antecedents. The State opposed bail, highlighting the severity of the victim’s injury and the number of offences charged. After considering the lack of specific allegation against the petitioner and his fair antecedent, the court granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and additional conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Issues considered
- Whether pre‑arrest bail should be granted when the FIR contains omnibus allegations against the petitioner without specific identification
- Whether the seriousness of the alleged assault and injury outweighs the petitioner's clean antecedent in deciding bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 329(3), 351(2), 351(3), 352
Subjects
- pre‑arrest bail
- omnibus allegation
- fair antecedent
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2760 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- Gadhiya Bazar District- East Champaran
======================================================
Dilip sahani @ Dilip Kumar Sahani Son of Hari Das Resident of village-
Punas, Ward no. 14, Ps- Gadahiya Bazar, Dist- East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
For the Opposite Party/s : Mr. Anil Prasad Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Advocate appearing on behalf of the
petitioner and the learned Additional Public Prosecutor for the
State.
2. The petitioner apprehends his arrest in connection
with Gadahiya P.S. Case No.174 of 2025, registered for the
offences punishable under Sections 191(2), 190, 126(2), 115(2),
118(1), 109, 303(2), 329(3), 352, 351(2), 351(3) of the
Bharatiya Nyaya Sanhita.
3. Allegedly in the night of the fateful date while the
grandsons of the informant were coming after fishing, in the
meanwhile, all the FIR named accused persons, elevn in number
including the petitioner surrounded them and brutally assaulted
by means of lathi, danda and iron rod, due to which one of t he
grandson, namely Rahul Sahni, has sustained head injury. There
Patna High Court CR. MISC. No.2760 of 2026(2) dt.04-02-2026
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is further allegation of snatching of mobile.
4. Learned Advocate appearing on behalf of the
petitioner referring to the FIR contended that general and
omnibus nature of allegation has been levelled against eleven
named accused person. So far the petitioner is concerned, he is
said to be a member of the unlawful assembly without any
specific accusation. The incidence took place in the night of the
08.08.2025 and the present FIR came to be instituted on
10.08.2025, without there being any explanation. The informant
is not an eye witness to the alleged occurrence and even during
the course of investigation it appears that the injured has not
made any specific allegation against the petitioner. The
petitioner bears fair antecedent.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that the impugned order clearly suggest that the injured has
received serious injury, due to which he got fifteen stitches over
his head.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the omnibus nature of allegation coupled with the fair
antecedent of the petitioner, let the petitioner above named be
Patna High Court CR. MISC. No.2760 of 2026(2) dt.04-02-2026
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released on bail, in the event of his arrest or surrender before the
court below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate First Class, Motihari, East Champaran in connection
with Gadahiya Bazar P.S. Case No. 174 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023 with the further condition that one of
the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
supratim/-
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