Dilkhush @ Dilkhush Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79277 of 2025 Arising Out of PS. Case No.-120 Year-2024 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== 1.

Dilkhush @ Dilkhush Sahni Son of Ram Sewak Sahni @ Mastar Sahni Resident of village- Akraha, P.S.- Ashok Paper Mill, District- Darbhanga. 2.

Bhagya Narayan Sahni @ Bhag Narayan Sahni Son of Ram Sewak Sahni @ Mastar Sahni. Resident of village- Akraha, P.S.- Ashok Paper Mill, DistrictDarbhanga. 3.

Parmeshwar Sahni Son of Late Jagat Sahni. Resident of village- Akraha, P.S.- Ashok Paper Mill, District- Darbhanga.

4.

Pachchu Sahni son of Late Budhan Sahni. Resident of village- Akraha, P.S.- Ashok Paper Mill, District- Darbhanga.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The accused-petitioners, named in the F.I.R., are apprehending their arrest in connection with Ashok Paper Mill P.S. Case No. 120 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 308(3), 110, 326(g), 324(2), 303(2), 352, 351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

3. As per FIR, petitioners alleged to assault the informant and other family members and also put her house

Patna High Court CR. MISC. No.79277 of 2025(4) dt.20-02-2026 2/3 on fire by pouring petrol.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners have been falsely implicated in this case out of land dispute. In support of his submission, learned counsel pointed out para '5' of the case diary where it appears that I.O. of this case had visited the place of occurrence, but no incriminating material/burnt articles, in support of allegation, was found prima facie creating a doubt qua occurrence, as alleged. It is submitted that upon medical examination of the injured persons, it appears that they received simple injury on their body, which suggests that the petitioners were not under intention to cause their death.

5. Learned A.P.P. duly assisted by learned counsel appearing on behalf of the informant, while opposing the prayer of anticipatory bail of the petitioners, submitted that petitioners were found actively involved in the present occurrence.

6. In view of the aforesaid factual submissions and by taking note of the fact as prima facie no burnt articles appears

Patna High Court CR. MISC. No.79277 of 2025(4) dt.20-02-2026 3/3 to be recovered or found at the place of occurrence on visit of the Investigating Officer, as submitted aforesaid, coupled with the fact that the nature of injury found, upon medical examination of the injured was simple in nature, accordingly, above-named petitioners, in the event of their arrest/surrender within a period of four weeks from this order, are directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - IX, Darbhanga/concerned court in connection with Ashok Paper Mill P.S. Case No. 120 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T