Dismissed¶27

Akhilesh Kumar @ Chhotan Sahani v. The State of Bihar

Patna HC2 May 2025CR. MISC./20120/2025

Case brief

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What is this about?

Patna High Court | CRIMINAL MISCELLANEOUS No.20120 of 2025 | decided 02-05-2025 | Jitendra Kumar, J | Anticipatory bail REJECTED | Petitioners: Akhilesh Kumar @ Chhotan Sahani, Raj Kishore Sahni, Dimpu Sahani v. The State of Bihar | Sugauli P.S. Case No. 405 of 2022 (East Champaran), Ss. 147, 148, 149, 341, 323, 324, 307, 302, 120B IPC | Grounds: specific allegation of dragging and beating victim to death; petitioners' case distinguished from co-accused enlarged on anticipatory bail (orders dt. 03.08.2023 and 15.05.2024, Cr. Misc. Nos. 39268 of 2023 and 20134 of 2024); two criminal antecedents disclosed.

What did the court decide?

The Court found the case of the petitioners to be distinguishable from that of the co-accused who had already been enlarged on anticipatory bail by co-ordinate Benches of this Court. ¶26

Akhilesh Kumar @ Chhotan Sahani Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20120 of 2025

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Arising Out of PS. Case No.-405 Year-2022 Thana- SUGAULI District- East Champaran

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======================================================

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Akhilesh Kumar @ Chhotan Sahani Son of Jagdish Sahni Resident of Village - Shripur Dharampur, P.S. - Sugauli, District - East Champaran

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Raj Kishore Sahni Son of Shankar Sahni Resident of Village - Shripur Dharampur, P.S. - Sugauli, District - East Champaran

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Dimpu Sahani Son of Munilal Sahni Resident of Village - Shripur Dharampur, P.S. - Sugauli, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the State : Mr. Binod Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 02-05-2025

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Sugauli P.S. Case No.-405 of 2022, dated 09.09.2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 120B of the Indian Penal Code.

¶17

As per allegation, the accused persons, including the petitioners have beaten the victim to death. There is specific allegation against the six accused persons, including the petitioners that they have dragged the victim from his house and

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Patna High Court CR. MISC. No.20120 of 2025(2) dt.02-05-2025 2/3

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beaten him with lathi, garasa, farsa, talwar, dab and khanti and once the victim fell down, there is general allegation of beating by other co-accused.

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Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He further submits that the cause of death is heady injury and head injury is not attributed to any of the petitioners. He also submits that similarly situated co-accused persons have already been enlarged on anticipatory bail vide order dated 03.08.2023 and 15.05.2024, passed by coordinate Benches of this Court in Cr. Misc. Nos. 39268 of 2023 and 20134 of 2024 respectively.

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It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the petition that the petitioners have two criminal antecedents.

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Learned APP for the State vehemently opposes the prayer of the Petitioners for bail submitting that the case of the petitioners stands on different footing from those who have been enlarged on anticipatory bail by co-ordinate Benches of this

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Patna High Court CR. MISC. No.20120 of 2025(2) dt.02-05-2025 3/3

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Court as there was no allegation against those accused persons regarding dragging the victim and beating him.

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Hence, I find that the case of the petitioners is distinguished from those who have been enlarged on anticipatory bail by co-ordinate Benches of this Court and in view of specific allegation against the petitioners, I am not persuaded to enlarge them on anticipatory bail.

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Accordingly, prayer of the petitioners for anticipatory bail is hereby rejected.

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(Jitendra Kumar, J)

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shoaib/-

¶30

U T

Akhilesh Kumar @ Chhotan Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Akhilesh Kumar @ Chhotan Sahani v. The State of Bihar

Case brief

What is this about?

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