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Patna High Court

Nawal Sahani @ Nawaljeet SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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