Patna High Court
Umesh Sahni @ Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, owing to the FIR delay, the omnibus nature of the allegations, and the absence of prima facie intent to cause death, anticipatory bail is warranted under Section 438(2) CrPC and Section 482(2) of the BNSS.
Summary
The petitioners, Umesh Sahni and Vinod Sahni, were named in an FIR for assaulting an informant and his brother, and for allegedly snatching Rs.5,000, under several sections of the Bihar Negotiable Sale Act. They applied for anticipatory bail, arguing that the FIR was delayed, the allegations were omnibus, and the injuries were minor. The State opposed the bail. The court noted the delay in lodging the FIR, the lack of prima facie intention to cause death, and that similarly situated co‑accused had already been granted anticipatory bail. Relying on Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS, the court directed that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each. The order was made subject to the usual conditions of anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC given the nature of the allegations.
- Whether the delay in filing the FIR and the general, omnibus character of the complaint negate a prima facie case of intent to cause death.
- Whether the precedent of bail granted to similarly situated co‑accused is determinative.
Legislation cited
- Bihar Negotiable Sale Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- FIR delay
- omnibus allegation
- Section 438
- Section 482
- Bihar High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31018 of 2026
Arising Out of PS. Case No.-69 Year-2025 Thana- MANIGACHI District- Darbhanga
======================================================
1. Umesh Sahni @ Umesh Kumar S/o Lukhar Sahni Resident of Village-
Makranda, P.S-Manigachi, District-Darbhanga, Bihar
2. Vinod Sahni S/o Saukhi Sahni R/o Village - Makranda, P.S. - Manigachi,
Dist. - Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Singh
For the Opposite Party/s : Mr.Mohammed Arif
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-05-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Manigachi P.S. Case
No. 69 of 2025 registered for the offences punishable under
Sections 329(3), 126(2), 115(2), 109(1), 303(2), 352 and 3(5)
of the BNS.
3. As per FIR, petitioners along with other accused
persons rushed to the house of the informant and brutally
assaulted him. When the brother of the informant came to rescue
informant, he was assaulted by the petitioners and others due to
which he also sustained injury. There is further allegation of
snatching of Rs. 5,000/- during the occurrence by the co-accused
perseon.
Patna High Court CR. MISC. No.31018 of 2026(2) dt.13-05-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioners that FIR contended that besides omnibus
nature of allegation against five named accused persons including
the petitioners the present case is nothing but instituted in order
to save the skin from accusation made against the informant and
others. It is further contended that the injuries which are
allegedly sustained to the informant and his brother upon medical
examination found simple in nature inasmuch as the same has
been discussed in the impugned order which discloses that only a
scratch on frontal scalp of 10 cm is found with the injured person
Kailash Sahni. While concluding argument it is submitted that
similarly situated co-accused persons has already granted
anticipatory bail by one of the learned co-ordinate Bench of this
Court through Cr. Misc. No. 81935 of 2025 vide order dated
15.12.2025.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of delay in lodging the FIR, coupled with the fact as
allegation appears general and omnibus in nature prima-facie
negating intention to cause death, where similarly sitauted co-
accused persons have already granted anticipatory bail through
Cr. Misc. No. 81935 of 2025 dated 15.12.2025, accordingly both
Patna High Court CR. MISC. No.31018 of 2026(2) dt.13-05-2026
3/3
above-named petitioners, in the event of their arrest or surrender
before the court below within a period of four weeks, are directed
to be released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of the learned ACJM-VI,
Darbhanga/concerned Court, where the case is pending in
connection with Manigachi P.S. Case No. 69 of 2025, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
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