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Patna High Court

Sunil SahniversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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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