Patna High Court
Pramod Sahni @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to petitioners 2 and 3, and the application of petitioner 1 is dismissed as withdrawn.
Summary
The petitioners, three brothers, sought anticipatory bail in connection with a criminal case (Mushahari P.S. Case No. 275 of 2025) involving multiple offences under the B.N.S. The first petitioner withdrew his application, leading the court to dismiss it with liberty to surrender and seek regular bail. The remaining two petitioners claimed innocence and clean antecedents, while the State opposed bail. The court, noting the general and omnibus nature of the allegations, allowed anticipatory bail for petitioners two and three, subject to a bail bond of Rs.10,000 and two sureties each, and conditioned on Section 482(2) of the B.N.S.S. The order clarified that its observations are prima facie and do not prejudice the trial.
Issues considered
- Whether anticipatory bail should be granted to petitioners 2 and 3 despite general and omnibus allegations.
- Effect of the withdrawal of the anticipatory bail application by petitioner 1.
Legislation cited
Subjects
- anticipatory bail
- withdrawal of application
- general allegation
- bail bond
- surety
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 38113 of 2026
Arising Out of PS. Case No.-275 Year-2025 Thana- MUSAHARI District- Muzaffarpur
======================================================
1. Pramod Sahni @ Pramod Kumar S/o Rajendra Sahni R/o Village- Rohua
Rajaram, P.S- Mushahari, District- Muzaffarpur
2. Rajendra Sahni S/o Late Kappu Sahni R/o Village- Rohua Rajaram, P.S-
Mushahari, District- Muzaffarpur
3. Dukhan Sahni S/o Late Kappu Sahni R/o Village- Rohua Rajaram, P.S-
Mushahari, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Adv.
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioners prays for and
is permitted to withdraw the present anticipatory bail application
with regard to petitioner no. 1.
3. Accordingly, this application is dismissed as
withdrawn with regard to petitioner no. 1 with liberty to
surrender before the court below and pray for regular bail.
4. So far as petitioners no. 2 and 3 are concerned,
they apprehend arrest in connection with Mushahari P.S. Case
No. 275 of 2025 registered for offences under Sections 126(2),
Patna High Court CR. MISC. No. 38113 of 2026(2) dt.16-06-2026
2/3
115(2), 118(1), 109(1), 303(2), 352, 351(2), 74 and 3(5) of
B.N.S.
5. As per the prosecution case, the petitioners are
alleged to have assaulted the victim.
6. Learned counsel for the petitioners submit that
petitioners are quite innocent and have not committed any
offence. There is general and omnibus allegation against the
petitioners. The petitioners claims clean antecedents.
7. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
8. Considering the general and omnibus allegation,
this application for anticipatory bail stands allowed with regard
to petitioners no. 2 and 3.
9. Accordingly, let the petitioners no. 2 and 3,
above-named, in the event of arrest or surrender within four
weeks from today in the Court below, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Court below where
the case is pending/successor Court in connection with
Mushahari P.S. Case No. 275 of 2025, subject to the conditions
as laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No. 38113 of 2026(2) dt.16-06-2026
3/3
10. It is made clear that any observation made
herein is prima facie in nature and limited solely for the purpose
of adjudication of the present bail application. Such
observations shall not be construed as an expression on the
merits of the case and shall not influence the trial or any other
proceedings in any manner.
(Sandeep Kumar, J)
sadique/-
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