Dharmendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12350 of 2025 Arising Out of PS. Case No.-347 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Dharmendra Sahni Son of Late Kishun Sahni Resident of Village- Pahadpur, P.S.- Mahua, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354, 302, 504, 506 and 34 of the Indian Penal Code.
3. The prosecution case in short, is that on 19.05.2023 at about 07:15 am, when informant was at her home with other family members then all the F.I.R. named accused persons including this petitioner came there and at the behest of coaccused Ravindra Singh, they attacked informant and her family members with iron rod, sticks etc. due to which the father of the informant sustained head injury. During the course of treatment, the father of the informant died on 08.06.2023.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence.
Patna High Court CR. MISC. No.12350 of 2025(3) dt.03-04-2025 2/3 Admittedly, there is land dispute between the parties on account of the aforesaid land dispute, a proceeding under Section 144 Cr.P.C. is also pending before the jurisdictional Court. Specific accusation of assault is against other co-accused persons and allegation of assault against petitioner is general and omnibus. He further submits that F.I.R. has been lodged after a delay of 15 days without there being any plausible explanation of delay. Prior to lodging of the present F.I.R., the informant had lodged a complaint for the same occurrence, vide Complaint Case No. 1306 of 2023. Moreover, similarly situated co-accused person has already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 18.10.2023 passed in Cr. Misc. No. 65011 of 2023.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the backdrop of the case, nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial
Patna High Court CR. MISC. No.12350 of 2025(3) dt.03-04-2025 3/3 Magistrate- 9th, Vaishali at Hajipur in connection with Mahua P. S. Case No. 347 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T