D.K. @ Dilip Kumar Sahni @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78558 of 2025 Arising Out of PS. Case No.-99 Year-2024 Thana- Hariharnath P.S. District- Saran ====================================================== D.K. @ Dilip Kumar Sahni @ Dilip Kumar S/O Narsingh Sahni R/O VillageSawaich, P.s.- Hariharnath, Dist.- Saran, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Anand, Advocate Mr. Danish Sami, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Hariharnath P.S. Case No. 99 of 2024 registered for the offence under Sections 103(2) and 61(2) of Bhartiya Nyay Sanhita.

3. The accused/petitioner is named in the F.I.R. and is in custody since 18.08.2025.

4. The allegation against the petitioner is to commit murder of son of the informant alongwith other co-accused persons after taking him to nearby "Anandpur Bagicha."

5. Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye-witness of the real occurrence of committing murder. It is submitted that during course of investigation the motorcycle and knife, as alleged to be used in committing murder was recovered on the basis of

Patna High Court CR. MISC. No.78558 of 2025(2) dt.09-02-2026 2/3 apprehended co-accused persons, namely, Suraj Singh and Ritik Kumar. It is pointed out that merely on the basis of suspicion this petitioner being common friend/co-villager, was implicated with present case. It is submitted that similarly situated co-accused persons, namely, Naushad, Harsh Singh, Bittu Kumar and Chhotu Kumar have already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 26147 of 2025 and Cr. Misc. No. 12382 of 2025 dated 18.06.2025 respectively. While concluding argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Petitioner found involved in one more criminal case, where he is on bail.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as prima facie except suspicion as informant is not the eye-witness of the actual occurrence of committing murder prima facie, nothing incriminating transpires during the course of investigation as to connect petitioner with present crime in question, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 18.08.2025, accordingly, petitioner above named, is directed to be

Patna High Court CR. MISC. No.78558 of 2025(2) dt.09-02-2026 3/3 released on bail in connection with Hariharnath P.S. Case No. 99 of 2024, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saran at Chapra/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. (Chandra Shekhar Jha, J) veena/- U T