IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2760 of 2026 Arising Out of PS. Case No.-174 Year-2025 Thana- Gadhiya Bazar District- East Champaran ====================================================== Dilip sahani @ Dilip Kumar Sahani Son of Hari Das Resident of village- Punas, Ward no. 14, Ps- Gadahiya Bazar, Dist- East champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Anil Prasad Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 04-02-2026 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Gadahiya P.S. Case No.174 of 2025, registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 303(2), 329(3), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita. 3. Allegedly in the night of the fateful date while the grandsons of the informant were coming after fishing, in the meanwhile, all the FIR named accused persons, elevn in number including the petitioner surrounded them and brutally assaulted by means of lathi, danda and iron rod, due to which one of t he grandson, namely Rahul Sahni, has sustained head injury. There Patna High Court CR. MISC. No.2760 of 2026(2) dt.04-02-2026 2/3 is further allegation of snatching of mobile. 4. Learned Advocate appearing on behalf of the petitioner referring to the FIR contended that general and omnibus nature of allegation has been levelled against eleven named accused person. So far the petitioner is concerned, he is said to be a member of the unlawful assembly without any specific accusation. The incidence took place in the night of the 08.08.2025 and the present FIR came to be instituted on 10.08.2025, without there being any explanation. The informant is not an eye witness to the alleged occurrence and even during the course of investigation it appears that the injured has not made any specific allegation against the petitioner. The petitioner bears fair antecedent. 5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the impugned order clearly suggest that the injured has received serious injury, due to which he got fifteen stitches over his head. 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the omnibus nature of allegation coupled with the fair antecedent of the petitioner, let the petitioner above named be Patna High Court CR. MISC. No.2760 of 2026(2) dt.04-02-2026 3/3 released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Motihari, East Champaran in connection with Gadahiya Bazar P.S. Case No. 174 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T