Dhiraj Sahni @ Dhirendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58070 of 2025 Arising Out of PS. Case No.-116 Year-2024 Thana- SARAI RANJAN District- Samastipur ====================================================== Dhiraj Sahni @ Dhirendra Sahni S/O Harendra Sahni Resident of VillageSorhatha, P.S- Belsar (O.P), District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner, who is in custody, seeks regular bail in connection with Sarairanjan P.S. Case No. 116 of 2024 registered for the offences under Sections 309(4)/3(5) of B.N.S. 2023.
3. As per the prosecution case, the informant has alleged that while he was going from Danapur, Patna to Naugachiya on his Bolero pickup van, a Swift Dzire vehicle stopped him and at gunpoint the accused persons looted the Bolero pickup of the informant along with his mobile, Aadhar card, driving license and gold locket.
4. Learned counsel for the petitioner submits that the F.I.R. was initially lodged against unknown persons and
2/4 subsequently during the course of investigation, one co-accused, namely, Arvind Sahni, in his confessional statement took the name of the petitioner to be an accomplice in the present case. It has been submitted that the petitioner has been implicated in this case only because of his long antecedents of similar nature. It has further been submitted that no incriminating article has been recovered from the conscious possession and till date no Test Identification Parade has been done. It has also been submitted that the petitioner was taken on remand from Hajipur Sadar P.S. Case No. 860 of 2024 on 21.11.2024 and since then he is in custody. It has lastly been submitted that a total of eighteen criminal cases have been registered against the petitioner, but most of the cases were lodged against unknown in which the petitioner has been taken on remand.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. Considering the aforesaid submission, facts and circumstances of the case, let the petitioner above named be released on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Sarairanjan P.S. Case No. 116 of 2024
3/4 of 2025 subject to the conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(vi) In view of the antecedent of the petitioner, the
4/4 petitioner is directed to appear before the Superintendent of Police, Samastipur within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned, order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U T