Dinesh Sahni @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38482 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- SAHODARA District- West Champaran ====================================================== 1.

Dinesh Sahni @ Dinesh Kumar Son of Nandlal Sahni @ Nandlal Chaudhary R/o Village Bhikhana Thori, Police station Sahodara, District West Champaran 2.

Anchal Sahni @ Amar Kumar Son of Ramchandra Sahni @ Ramchandra Chaudhary R/o Village Bhikhana Thori, Police station Sahodara, District West Champaran 3.

Nandlal Sahni @ Nandlal Chaudhary Son of Late Viga Chaudhary R/o Village Bhikhana Thori, Police station Sahodara, District West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2025 At the outset, learned counsel appearing on behalf of the petitioners informs that vide order dated 04.07.2025, the prayer for bail on behalf of petitioner no.1 Dinesh Sahni has been withdrawn as he has been arrested during the pendency of the bail application.

2. Heard learned counsel appearing on behalf of the petitioner nos. 2 and 3 and learned APP for the State.

3. The petitioner nos. 2 and 3 seek pre-arrest bail in connection with Sahodara P.S. Case No. 28 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 117(2), 118(1), 109(1), 190, 191 (3), 303(2), 352, 351(2) and 74

Patna High Court CR. MISC. No.38482 of 2025(3) dt.16-10-2025 2/3 of the BNS.

4. As per the allegation made in the F.I.R., the petitioners for trivial dispute with the informant along with her nephew and family members assaulted the informant and her family members causing injury, in which female members also participated.

5. Learned counsel appearing on behalf of the petitioners submitted that there is case and counter case between the parties. The injuries attributable to the petitioner nos. 2 and 3 who are seeking bail caused to the informant's side are simple in nature. The petitioners in their self defence may have caused some injury to the informant's side but without intention. The petitioner nos. 2 and 3 have clean antecedent.

6. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

7. Considering the nature of allegation made against the petitioner nos. 2 and 3 and the fact that the injuries attributable to the petitioner nos. 2 and 3 are simple in nature and they may have caused some injury to the informant's side but without intention, the petitioner nos. 2 and 3 are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks

Patna High Court CR. MISC. No.38482 of 2025(3) dt.16-10-2025 3/3 from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending in connection with Sahodara P.S. Case No. 28 of 2025, subject to the condition, as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

8. The District Court is directed to verify the criminal antecedent of the petitioner nos. 2 and 3 and if it is found that the petitioner nos. 2 and 3 are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T