Patna High Court
Dharmendra Sahni @ Dhawendra Sahni @ Dhari SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Dharmendra Sahni, was arrested in connection with an assault case (Naokothi P.S. Case No. 187 of 2025) alleging injuries to Khusbu and Shobha Kumari under several provisions of the Bharatiya Nyaya Sanhita. The injuries were determined to be simple in nature, and the petitioner claimed he was falsely implicated, despite having a criminal antecedent and being in custody since 30‑10‑2025. The State opposed bail, emphasizing the petitioner’s prior criminal record and his involvement in five other cases, four of which are under the Excise Act. The court examined the nature of the injuries, the length of custody, and the petitioner’s antecedents, and concluded that the simple injuries did not justify continued detention. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, noting that the observations were prima facie and would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the alleged assault and the simplicity of the injuries
- Whether the petitioner’s criminal antecedent and pending cases under the Excise Act warrant denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(2), 126(2), 3(5)
- Excise Act
Subjects
- bail
- assault
- simple injury
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11641 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Dharmendra Sahni @ Dhawendra Sahni @ Dhari Sahni S/o Late Bishundeo
Sahni Resident of Village- Naokothi, P.S.- Naokothi, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey, Adv.
For the Opposite Party/s : Mr.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Naokothi P.S. Case No. 187 of 2025 instituted for the offences
under Sections 126(2), 115(2), 109, 118(2) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. The petitioner is said to have assaulted Khusbu and
Shobha Kumari. The injury of Khushboo Devi on neck was
found to be simple. The grievous injury of Shobha Devi is on
right hand finger which has been given by hard and blunt
substance while the petitioner is alleged to have been carrying
the knife. The said injury could at best be on neck on the left
side which has been found to be simple in nature.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.11641 of 2026(4) dt.05-05-2026
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present case. The petitioner is in custody since 30.10.2025 and
has got criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. The petitioner is accused in 05 cases but 04 of them
are under Excise Act. Moreover, the petitioner is in custody
since 30.10.2025. Considering that the injury caused by the
petitioner was found to be simple, this Court is inclined to grant
bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned Miss Kanchan
Rani, J.M.-1st, Begusarai/concerned Court in connection with
Naokothi P.S. Case No. 187 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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