Umesh Sahni @ Umesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Umesh Sahni @ Umesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: upon arrest or surrender before the court below within four weeks, to be released on bail on a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned ACJM-VI, Darbhanga/concerned Court, subject to conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS.

Issue for consideration

Whether the petitioners, named in the FIR in Manigachi P.S. Case No. 69 of 2025 and apprehending arrest, are entitled to anticipatory bail.

Court's answer

Both above-named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned ACJM-VI, Darbhanga/concerned Court, subject to the conditions laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

Ratio / Principle

Anticipatory bail was granted taking note of the delay in lodging the FIR and because the allegations appear general and omnibus in nature, prima facie negating intention to cause death.

Key takeaways

Parity with similarly situated co-accused persons, who had already been granted anticipatory bail through Cr. Misc. No. 81935 of 2025 dated 15.12.2025, weighed in favour of granting anticipatory bail to the petitioners.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail — Manigachi P.S. Case No. 69 of 2025 (offences punishable under Sections 329(3), 126(2), 115(2), 109(1), 303(2), 352 and 3(5) of the BNS), District Darbhanga — Petitioners named in the FIR apprehending arrest — Bail granted taking note of the delay in lodging the FIR and the general and omnibus nature of the allegations, prima facie negating intention to cause death, and in view of parity with similarly situated co-accused already granted anticipatory bail in Cr. Misc. No. 81935 of 2025 dated 15.12.2025 — Petitioners, on arrest or surrender within four weeks, directed to be released on bail on a bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Darbhanga, subject to conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31018 of 2026

Arising Out of PS. Case No.-69 Year-2025 Thana- MANIGACHI District- Darbhanga

======================================================

Umesh Sahni @ Umesh Kumar S/o Lukhar Sahni Resident of VillageMakranda, P.S-Manigachi, District-Darbhanga, Bihar

Vinod Sahni S/o Saukhi Sahni R/o Village - Makranda, P.S. - Manigachi, Dist. - Darbhanga, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Sumit Kumar Singh For the Opposite Party/s : Mr.Mohammed Arif

======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 13-05-2026

Heard the parties.

The petitioners are named in the F.I.R. and

apprehending their arrest in connection with Manigachi P.S. Case No. 69 of 2025 registered for the offences punishable under Sections 329(3), 126(2), 115(2), 109(1), 303(2), 352 and 3(5) of the BNS.

As per FIR, petitioners along with other accused persons rushed to the house of the informant and brutally assaulted him. When the brother of the informant came to rescue informant, he was assaulted by the petitioners and others due to which he also sustained injury. There is further allegation of snatching of Rs. 5,000/- during the occurrence by the co-accused

perseon.

Patna High Court CR. MISC. No.31018 of 2026(2) dt.13-05-2026 2/3

It is submitted by learned counsel appearing on

behalf of the petitioners that FIR contended that besides omnibus nature of allegation against five named accused persons including the petitioners the present case is nothing but instituted in order to save the skin from accusation made against the informant and others. It is further contended that the injuries which are allegedly sustained to the informant and his brother upon medical examination found simple in nature inasmuch as the same has been discussed in the impugned order which discloses that only a scratch on frontal scalp of 10 cm is found with the injured person Kailash Sahni. While concluding argument it is submitted that similarly situated co-accused persons has already granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 81935 of 2025 vide order dated 15.12.2025.

Learned APP opposes the prayer of bail.

In view of aforesaid factual submission and by

taking note of delay in lodging the FIR, coupled with the fact as allegation appears general and omnibus in nature prima-facie negating intention to cause death, where similarly sitauted coaccused persons have already granted anticipatory bail through Cr. Misc. No. 81935 of 2025 dated 15.12.2025, accordingly both

Patna High Court CR. MISC. No.31018 of 2026(2) dt.13-05-2026 3/3

above-named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed

to be released on bail, furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-VI,

Darbhanga/concerned Court, where the case is pending in connection with Manigachi P.S. Case No. 69 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.

(Chandra Shekhar Jha, J)

Sudha/- U T