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Patna High Court

Pramod Sahni @ Pramod KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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Anticipatory bail is granted to petitioners 2 and 3, and the application of petitioner 1 is dismissed as withdrawn.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

  • B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
  • B.N.S.S. — s. 482(2)

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
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          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
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                                      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/-

U      T


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