Patna High Court
Sunil SahniversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court denied anticipatory bail to petitioner no. 2 due to specific allegations, but granted anticipatory bail to petitioner no. 1 on account of only general allegations, subject to bail conditions.
Summary
The petitioners Sunil Sahni and Pramod Sahni applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109, 303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the informant was assaulted with an iron rod and lathi, and that petitioner no. 2, Pramod Sahni, along with others, caused grievous injury to the victim. The court observed that there were specific allegations against petitioner no. 2, and therefore refused anticipatory bail to him. In contrast, only a general and omnibus allegation was made against petitioner no. 1, Sunil Sahni, and the court granted him anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482 of the BNSS and Section 438(2) of the CrPC. The order directed that the bail be released if the petitioner is arrested or surrenders within six weeks of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC and Section 482 of the BNSS.
- Whether the presence of specific allegations versus general and omnibus allegations affects the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- general and omnibus allegation
- specific allegation
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91037 of 2025
Arising Out of PS. Case No.-296 Year-2025 Thana- PUPRI District- Sitamarhi
======================================================
1. Sunil Sahni S/O Upendra Sahni Resident of Village- Parsauni, P.S.- Pupari,
Dist- Sitamarhi
2. Pramod Sahni S/O Upendra Sahni Resident of Village- Parsauni, P.S.-
Pupari, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the State : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Pupari P.S. Case No. 296 of 2025 instituted under Sections
126(2), 115(2), 109, 303(2), 351(2), 352 and 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant was
assaulted by the accused persons with iron rod and lathi.
4. The petitioner no. 2 along with others is said to
have assaulted the victim causing grievous injury.
5. Considering the aforesaid facts, I am not inclined to
grant anticipatory bail to the petitioner no. 2.
Patna High Court CR. MISC. No.91037 of 2025(2) dt.28-01-2026
2/2
6. Accordingly, the application stands dismissed with
regard to petitioner no. 2.
7. So far as petitioner no. 1 is concerned, there is
general and omnibus allegation against him.
8. Considering the fact that there is no specific
allegation against petitioner no. 1, and there is general and
omnibus allegation against him, therefore, this Court is inclined
to grant anticipatory bail to the petitioner no. 1 only.
9. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner no. 1, namely, Sunil Sahni, be released on bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
SDJM, Pupari at Sitamarhi/ concerned Court in connection with
Pupari P.S. Case No. 296 of 2025, subject to the conditions laid
down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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