Patna High Court
Nawal Sahani @ Nawaljeet SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to strict conditions, exercising its inherent powers under Section 482(2) of the CrPC.
Summary
The petitioner, Nawal Sahani, sought bail in connection with FIR No. 489/2024 alleging assault on an informant and his wife, for which he was charged under several sections of the Indian Penal Code. The prosecution alleged that the petitioner, along with others, participated in the assault, while the petitioner contended that the FIR contained specific allegations only against two co‑accused and a general, omnibus allegation against all, asserting his innocence. The Additional Public Prosecutor opposed bail, noting a pending case against the petitioner. The Court examined the nature of the allegations, the petitioner’s claim of false implication, and the statutory provisions governing bail. Relying on Section 482(2) of the Code of Criminal Procedure, the Court granted bail on a Rs. 10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence, and ordered verification of the petitioner’s criminal antecedents.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting bail to the petitioner under Section 482(2) of the CrPC?
- Whether the omnibus allegation in the FIR against all accused, including the petitioner, justifies denial of bail?
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 76
Subjects
- bail
- Section 482 CrPC
- Indian Penal Code
- omnibus FIR
- false implication
- criminal procedure
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86750 of 2025
Arising Out of PS. Case No.-489 Year-2024 Thana- MADHUBAN District- East Champaran
======================================================
Nawal Sahani @ Nawaljeet Sahani, Son of Nagendra Sahani, Resident of
Village - Manpurwa, P.S.- Madhuban, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Madhurendra Kumar, learned counsel for
the petitioner and Mr. Brajendra Nath Pandey, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Madhuban P.S. Case No. 489 of 2024, F.I.R.
dated 16.11.2024 for the offences punishable under Sections
191(2), 191(3), 190, 126(2), 115(2), 118(1), 109 and 76 of the
BNS.
3. According to prosecution case, while the informant
was talking on his phone, one of the accused person namely
Chhotu Sahani came along with other accused persons including
the petitioner, surrounded him and assaulted by means of lathi
and danda due to which he sustained grievous injury. When the
wife of the informant came there to save him she was also
Patna High Court CR. MISC. No.86750 of 2025(2) dt.08-01-2026
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assaulted by the accused persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.,
that F.I.R. is in two part, in the first part there is specific
allegation against accused persons namely Chhotu Sahani and
Dharamjeet Sahani have assaulted the informant and in the
second part there is general and omnibus allegation against all
the accused persons including the petitioner.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one more case other than the
present one apart from the aforesaid.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., East Champaran, Motihari in connection with
Madhuban P.S. Case No. 489 of 2024, subject to the conditions
as laid down under Section 482(2) of the Code of Criminal
Patna High Court CR. MISC. No.86750 of 2025(2) dt.08-01-2026
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Procedure and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
khushbu/-
U T
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