Dhiraj Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46995 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Dhiraj Sahani, aged about 28 years (M), S/o- Late Sona Lal Sahani @ Late Sonelal Sahani, R/O Village- Ajgarwa, P.S.- Lakhaura, Dist- East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Abhishek Kumar, Advocate For the Opposite Party :
Mr. Bhanu Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Lakhaura P.S. Case No. 114 of 2025 dated 25.04.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 118(2), 109(1), 351(3) read with Section 3 (5) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner assaulted the informant with sharp edged weapon causing head injury. It is further alleged that the petitioner alongwith other co-accused persons assaulted the informant and her husband with stick and iron rod causing fracture injury upon both the arms of the informant's husband.
Patna High Court CR. MISC. No.46995 of 2025(2) dt.21-07-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is land dispute between the parties. There is also case and counter case between the parties. Both parties are agnates. It is further submitted that from perusal of the F.I.R., it appears that the co-accused Mukesh Sahani assaulted the informant's husband with Garasa causing head injury. The petitioner assaulted the informant with sharp cut weapon causing head injury. There is general and omnibus allegation against the petitioner and the other co-accused persons. The doctor has examined the informant Radhika Devi and her husband Sukat Sahani and found all the injuries are simple in nature except injury no. 2 of the informant Radhika Devi and injury nos.
4 and 5 of her husband Sukat Sahani are found to be grievous in nature but the said injuries are not specifically attributed to the petitioner and the injury reports of both the injured Radhika Devi and her husband Sukat Sahani are annexed as Annexures 3 and 3/1 to the present bail petition. The petitioner has four criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 04.05.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.46995 of 2025(2) dt.21-07-2025 3/3 opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Lakhaura P.S. Case No. 114 of 2025 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T