Created by Fuzzy Cloud

Patna High Court

Umashankar Sahani @ Uma Shankar SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.