Dhiraj Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 46457 of 2026 Arising Out of PS. Case No.-118 Year-2025 Thana- MORO District- Darbhanga ====================================================== 1.
Dhiraj Sahni, Son of Mohan Sahni, Resident of village- Chand Tola, Godhwara, Ps- Moro, Dist- Darbhanga 2.
Sahdeo Sahni, Son of Late Ramswarup Sahni, Resident of village- Chand Tola, Godhwara, Ps- Moro, Dist- Darbhanga ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Prem Prakash Poddar, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Moro P.S. Case No.118 of 2025 registered under Sections 329(4), 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short 'BNS').
3. Allegation against petitioners is to assault the informant during the course of occurrence causing head and bodily injuries, having intention to cause their death, where alleged assault was made by using lathi and iron rod. The
Patna High Court CR. MISC. No. 46457 of 2026(2) dt.29-07-2026 2/3 occurrence is alleged to be arising out of land disputes.
4. It is submitted by learned counsel appearing for the petitioners that the allegation of physical assault is not available against these petitioners. It is pointed out that the occurrence was free fight in nature, where both parties received injuries and for same set of occurrence petitioners' side also lodged a case against informant and others which has been registered as Moro P.S. Case No.118 of 2025. It is further submitted that the basic disputes between the parties is related with land. It is further submitted that the nature of injury upon medical examination found simple. Explaining criminal antecedent, it is submitted that petitioner no.1 found involved in one more criminal case, which was compromised, whereas petitioner no.2 is a man of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact, as occurrence prima facie appears free fight in nature, where both parties received injuries, coupled with the fact that nature of injury upon medical examination
Patna High Court CR. MISC. No. 46457 of 2026(2) dt.29-07-2026 3/3 of the injured found simple, accordingly, both above-named petitioners, are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Moro P.S. Case No.118 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) Raushan/- U T