Dhiru Sahani @ Dhiru Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36296 of 2025 Arising Out of PS. Case No.-260 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Dhiru Sahani @ Dhiru Sahni Son of Late Ragho Sahani @ Radho Sahani Resident of Village - Bhataha, P.S. - Muffasil, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Adarsh Ranjan, Adv.
For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 323 of 2024 arising out of Muffasil P.S. Case No. 260 of 2022 instituted for the offences under Sections 341, 323, 307, 385, 387, 504, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the accusation against the petitioner is of firing with country-made pistol upon the informant with an intention to kill him due to which he sustained fire-arm injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.36296 of 2025(2) dt.17-06-2025 2/3 against him and has falsely been implicated in the present case. The petitioner has one criminal antecedent and is languishing in judicial custody since 07.06.2022 without any rhymes or reason. Learned counsel for the petitioner further submits that the charge has already been framed and the case is at the stage of prosecution evidence. He further submits that not a single witness has been examined till date. Learned counsel for the petitioner again submits that the co-accused namely Bablu Sahni has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 24.07.2023 passed in Cr. Misc. No. 33161 of 2023.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that there is direct allegation of firing against the petitioner. The petitioner has also confessed his guilt in his confessional statement. The injury inflicted upon the injured has been found to be grievous in nature.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.36296 of 2025(2) dt.17-06-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial No. 323 of 2024 arising out of Muffasil P.S. Case No. 260 of 2022, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T