Munna Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17618 of 2026 Arising Out of PS. Case No.-489 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Munna Sahani S/o Late Satyanarayan Sahani R/o Village - Manpurwa, P.S - Madhuban, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-04-2026 Heard Mr.Abhishek Kumar, learned counsel appearing for the petitioner and Mr.Bhanu Pratap Singh, 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),109,76 of BNS, 2023.
3. Allegation against the petitioner is that when Chhotu Sahani pushed him from the terrace at the gunpoint and he fell down, he alongwith other co-accused variously armed with lathi, sword, farsa assaulted the informant and his family members. Due to assault the informant sustained
2/4 grievous injury.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Further submits that it appears from the FIR that although the petitioner is named in the FIR and the FIR is in two parts. In 1st part, there is specific allegation of assault attributed against co-accused persons, namely, Chhotu Sahani and Dharamjeet Sahani and in 2nd part, there is general and omnibus allegation against all the accused persons including the petitioner and co-accused person, namely, Nawal Sahani @ Nawaljeet Sahani, against whom the similar allegation, has been granted privilege of anticipatory bail by this Court vide order dated 08.01.2026 passed in Cr. Misc. No.86750 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner has participated in the present crime in question and apart from that, the petitioner carries one more case other than the present one but fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioner,
3/4 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 learned Judicial Magistrate-F.C., Motihari, East Champaran in connection with Madhuban P.S.Case No.489 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS,2023 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/her absence on two consecutive dates without sufficient reason, his/her 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
4/4 his/her 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) Nitesh/- U T