Patna High Court
D.K. @ Dilip Kumar Sahni @ Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the petitioner was not shown any prima facie incriminating evidence and the investigation was already completed.
Summary
The petitioner, Dilip Kumar Sahni, was arrested in connection with a murder alleged under Sections 103(2) and 61(2) of the Bhartiya Nyay Sanhita and has been in custody since 18 August 2025. He applied for bail, contending that the informant was not an eye‑witness and that the key weapons were recovered from co‑accused persons, making his involvement merely speculative. He also pointed out that similarly situated co‑accused had already been released on bail by the same court and that the investigation was complete with a charge‑sheet filed, eliminating any risk of evidence tampering. The State opposed the bail on the ground of the seriousness of the offence. The Court examined the material and held that, on a prima facie basis, there was no incriminating evidence linking the petitioner to the murder and that continued detention was unwarranted. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to an accused of murder under Sections 103(2) and 61(2) of the Bhartiya Nyay Sanhita when the investigation is complete and the only link is suspicion.
- Whether the presence of co‑accused bail and the lack of an eye‑witness justify release on bail.
Legislation cited
- Bhartiya Nyay Sanhita — s. 103(2), 480(3), 61(2)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- murder
- suspicion
- investigation completed
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
Judgment
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 Village-
Sawaich, 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
2 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
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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
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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/-
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