Patna High Court

Dhanjay SahniversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Dhanjay Sahni, was implicated in a violent assault case involving multiple IPC offences, including murder, stemming from a property dispute. He alleged that the case was fabricated and that the specific assault allegations pertained to other co‑accused. The petitioner sought anticipatory bail, citing his clean antecedent and noting that several co‑accused had already been granted anticipatory bail by the same court. The State opposed the bail application. Considering the nature of the accusations, the petitioner’s clean record, and the precedent of bail to co‑accused, the court granted anticipatory bail, directing surrender within eight weeks and imposing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the applicable law
Whether the allegations against the petitioner constitute a false or concocted case arising from a property dispute
Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
property dispute
false case
Indian Penal Code
Section 482
Bharatiya Nagarik Suraksha Sanhita
clean antecedent
bail conditions

Judgment

                      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, District-
                 East Champaran

                                                                                   ... ... Petitioner/s
                                                       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.

                                2. 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.

                                3. 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.

                                4. 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.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. 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 bail-

                      bond 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

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