Dhanjay Sahni Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Dhanjay Sahni Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner, if arrested or surrendering before the court below within eight weeks, to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Sugauli P.S. Case No. 405 of 2022, subject to conditions under Section 482(2), BNSS 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Sugauli P.S. Case No. 405 of 2022 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 120B IPC, should be granted anticipatory bail.

Court's answer

Considering the backdrop of the case, the nature of accusation and the petitioner's clean antecedent, the anticipatory bail application is allowed.

Ratio / Principle

In the event of arrest or surrender before the court below within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Sugauli P.S. Case No. 405 of 2022.

Key takeaways

The bail is subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶¶17

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), Criminal Miscellaneous No.42479 of 2025, order dated 08-01-2026: anticipatory bail granted to Dhanjay Sahni, who apprehended arrest in Sugauli P.S. Case No. 405 of 2022 (District East Champaran), registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 120B of the Indian Penal Code, arising out of an alleged armed assault by 25 FIR-named accused in which the informant's husband died on the spot. Considering the backdrop of the case, the nature of accusation and the petitioner's clean antecedent, the Court directed that the petitioner, in the event of arrest or surrender before the court below within eight weeks, be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Counsel had contended that allegations against the petitioner were general and omnibus and that similarly situated co-accused had been granted anticipatory bail on 16.04.2025 in Cr. Misc. No. 19437 of 2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42479 of 2025

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

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

Dhanjay Sahni S/o Vira Sahni R/o Village- Chailah, P.S.- Banjariya, DistrictEast Champaran

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 08-01-2026

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 120B of the Indian Penal Code.

As per prosecution case, while informant and her husband were at their house, 25 F.I.R. named accused persons, including this petitioner, armed with weapons, came there and assaulted them by means of lathi, gadasa, farsa, sword, dab and khanti due to which husband of the informant died on the spot.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. There is property dispute between the parties due to which this false and concocted case has been lodged against the petitioner. Allegation of assault against petitioner is general and omnibus

Patna High Court CR. MISC. No.42479 of 2025(4) dt.08-01-2026 2/2

and specific accusation of assault is against co-accused Krishna Sahani, Raju, Raj Kishor, Amit, Dimpu and Chotan. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by co-ordinate Bench of this Hon’ble Court vide order dated 16.04.2025 passed in Cr. Misc. No. 19437 of 2025. Petitioner claims clean antecedent.

Learned A.P.P. for the State vehemently opposed the bail application.

Considering backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Sugauli P. S. Case No. 405 of 2022, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

Navya/- U T