Dinesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30935 of 2025 Arising Out of PS. Case No.-520 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Dinesh Sahani S/o Manoj Sahni R/o Village- Majhariya Shekh, P.S.- Majhaulia, District- West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr.Abhay Kumar Roy, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner seeks bail in Majhaulia P.S. Case No. 520 of 2020, registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on 20.7.2020 at about 4.30 am one Umesh Sahni and Suraj Chaudhary told the informant on phone that his brother has been shot dead at his house in Lal Sariya. Thereafter, informant and his family members rushed to their house. When they reached there, informant came to know from nearby people that last night petitioner Dinesh Sahni came at Lal Saraiya house and got the gate of house opened by informant's brother. Thereafter, all the FIR named accused persons including this petitioner and 4 to 5 unknown persons entered the house and started altercation with informant's brother and shot him in the chest and stomach as a
Patna High Court CR. MISC. No.30935 of 2025(3) dt.22-08-2025 2/3 result of which his brother died on the spot.
4. Learned counsel for the petitioner submits that from bare perusal of the FIR it is crystal clear that informant is not eye witness of the occurrence. It is a case of circumstantial evidence and only material against the petitioner is that it was petitioner who made call to open the gate of the house. Thereafter, informant's brother opened the doors of the house and then other accused persons named in the FIR entered the house and killed his brother. Learned counsel submits that save and except suspicion, there is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence. Petitioner is in custody since 29.1.2025. Charge sheet has already been submitted. Co-accused, with similar allegation, has already been allowed pre-arrest bail by this Court vide order passed in Cr.Mis.No. 30407/2021.
5. Learned counsel for the State opposes the prayer for bail.
6. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Chief Judicial Magistrate, Bettiah,
Patna High Court CR. MISC. No.30935 of 2025(3) dt.22-08-2025 3/3 West Champaran in Majhaulia Police Station Case No. 520 of 2020.
(Prabhat Kumar Singh, J) Shashi U T