Patna High Court
Umashankar Sahani @ Uma Shankar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail applications, granting regular bail to both petitioners subject to specified conditions.
Summary
The Patna High Court considered two regular bail applications filed by Umashankar Sahani and Banti Kumar in connection with a Sessions trial for offences under IPC Sections 489(A), 489(B), 489(C) and 34. Both petitioners had been in custody since March 2024, and the trial judge had framed charges but had not examined any witness, resulting in a substantial delay. The court noted the recovery of counterfeit notes from one petitioner and the petitioner's claim of being a mere carrier for election expenses. Given the prolonged detention, lack of trial progress, and the nature of the alleged involvement, the court allowed both bail applications. Bail was granted on a bond of Rs.10,000 with two sureties, subject to conditions of regular police‑station attendance and cooperation with the trial court.
Issues considered
- Whether regular bail should be granted in cases involving alleged counterfeiting under IPC Sections 489(A), 489(B), 489(C) and 34 despite the seriousness of the offence
- Whether the delay in trial and extended pre‑trial custody justify the grant of bail
- Whether the conditions imposed by the court are sufficient to ensure the petitioners' appearance and cooperation
Legislation cited
- Indian Penal Code — s. 34, 489A, 489B, 489C
Subjects
- bail
- counterfeit currency
- IPC 489
- IPC 34
- trial delay
- pre‑trial detention
- regular bail
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32160 of 2025
Arising Out of PS. Case No.-95 Year-2024 Thana- MANJHAGARH District- Gopalganj
======================================================
Umashankar Sahani @ Uma Shankar Sahani S/o Chhotelal Sahani R/o Vill.-
Shyampur Kotraha, P.S.-Nautan, Distt.- West Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 32608 of 2025
Arising Out of PS. Case No.-95 Year-2024 Thana- MANJHAGARH District- Gopalganj
======================================================
Banti Kumar Son of Rajdeo Prasad Resident of village - Goreyakothi, P.S.-
Goriakothi, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 32160 of 2025)
For the Petitioner/s : Mr.Kumar Prabhakar
For the Opposite Party/s : Mr.Upendra Kumar
(In CRIMINAL MISCELLANEOUS No. 32608 of 2025)
For the Petitioner/s : Mr. Ranjan Kumar Dubey
Mr. Shashank Kashyup
Mr. Kumar Gaurav
Ms. Ishiqua Raj
Mr.Nawnit Kumar Tiwary
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-02-2026 Heard the learned counsel of both the aforesaid cases.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Sessions Trial No. 531 of
2024 arising out of Manjhagarh P.S. Case No. 95 of 2024
registered for the offence under Sections 489(A)/ 489(B)/
Patna High Court CR. MISC. No.32160 of 2025(5) dt.10-02-2026
2/3
489(C)/34 of the India Penal Code. Earlier the bail application
of the petitioners was rejected vide order dated 22.01.2025 and
22.01.2025 passed in Cr. Misc. No. 76412 of 2024 and Cr. Misc.
No. 83455 of 2024 respectively.
3. There is recovery of counterfeit notes of Rs. 1300/-
from the petitioner of Cr. Misc. No. 76412 of 2024 and no
recovery from the petitioner of Cr. Misc. No. 83455 of 2024.
4. Learned counsel for the petitioner of Cr. Misc. No.
76412 of 2024 submits that he was handed over the counterfeit
notes by another person to bear the expenses of election and he
is not involved in such crime and has falsely been implicated in
this case.
5. The petitioners are in custody since 29.03.2024 and
19.06.2024 respectively.
6. From the report of the trial Judge, it appears that
the charges have been framed in the case on 29.08.2024 but till
date, no witness has been examined in the trial.
7. Considering the facts of the case, delay in the trial
and the period of custody of the petitioners, both the aforesaid
applications are allowed.
8. Let both the petitioners, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
Patna High Court CR. MISC. No.32160 of 2025(5) dt.10-02-2026
3/3
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connection with Manjhagarh P.S.
Case No. 95 of 2024, subject to the condition that both the
bailors should be close relatives of the petitioners.
9. As a condition of this order, the petitioner of Cr.
Misc. No. 76412 of 2024 is directed to mark his attendance at
Nautan Police Station on every Sunday of each month. The
petitioner of Cr. Misc. No. 83455 of 2024 is directed to mark his
attendance at Gorikothi Police Station on every Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioners.
10. As a condition of this order, the petitioners, after
being released on bail, are directed to co-operate in the trial
either by appearing personally or through his lawyer in the trial
Court on each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of the bail
bonds of the petitioners.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…