Patna High Court
Dilkhush @ Dilkhush SahniversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail must be granted as the prosecution failed to establish a prima facie case of arson or intent to cause death.
Summary
The petitioners, four residents of Akraha village, were named in an FIR for assault, arson and other offences under the Bhartiya Nyay Sanhita, 2023. They sought anticipatory bail, claiming they were falsely implicated due to a land dispute and that no burnt material was recovered at the scene. The investigating officer’s report and medical examination showed only simple injuries and no evidence of a fire, creating doubt about the alleged intent to cause death. The State opposed bail, asserting the petitioners were actively involved in the incident. The court, noting the lack of prima facie evidence and the nature of injuries, granted anticipatory bail subject to a bond of Rs.10,000 and sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in view of the alleged offences.
- Whether the FIR and investigation establish a prima facie case for the offences under the Bhartiya Nyay Sanhita, 2023.
- Whether the absence of burnt articles and the simple nature of injuries negate the intention to cause death, justifying bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 110, 115(2), 126(2), 303(2), 308(3), 324(2), 326(g), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- arson
- false implication
- land dispute
- Bhartiya Nyay Sanhita
- Section 438
- Section 482
- criminal law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79277 of 2025
Arising Out of PS. Case No.-120 Year-2024 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
1. Dilkhush @ Dilkhush Sahni Son of Ram Sewak Sahni @ Mastar Sahni
Resident of village- Akraha, P.S.- Ashok Paper Mill, District- Darbhanga.
2. Bhagya Narayan Sahni @ Bhag Narayan Sahni Son of Ram Sewak Sahni @
Mastar Sahni. Resident of village- Akraha, P.S.- Ashok Paper Mill, District-
Darbhanga.
3. Parmeshwar Sahni Son of Late Jagat Sahni. Resident of village- Akraha,
P.S.- Ashok Paper Mill, District- Darbhanga.
4. Pachchu Sahni son of Late Budhan Sahni. Resident of village- Akraha, P.S.-
Ashok Paper Mill, District- Darbhanga.
... ... Petitioners
Versus
The State Of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Girish Chandra Jha, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Ashok Paper Mill
P.S. Case No. 120 of 2024 registered for the offences
punishable under Sections 126(2), 115(2), 308(3), 110,
326(g), 324(2), 303(2), 352, 351(2), 3(5) of the Bhartiya
Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, petitioners alleged to assault the
informant and other family members and also put her house
Patna High Court CR. MISC. No.79277 of 2025(4) dt.20-02-2026
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on fire by pouring petrol.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners have been falsely
implicated in this case out of land dispute. In support of his
submission, learned counsel pointed out para ‘5’ of the case
diary where it appears that I.O. of this case had visited the
place of occurrence, but no incriminating material/burnt
articles, in support of allegation, was found prima facie
creating a doubt qua occurrence, as alleged. It is submitted
that upon medical examination of the injured persons, it
appears that they received simple injury on their body, which
suggests that the petitioners were not under intention to
cause their death.
5. Learned A.P.P. duly assisted by learned counsel
appearing on behalf of the informant, while opposing the
prayer of anticipatory bail of the petitioners, submitted that
petitioners were found actively involved in the present
occurrence.
6. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie no burnt articles appears
Patna High Court CR. MISC. No.79277 of 2025(4) dt.20-02-2026
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to be recovered or found at the place of occurrence on visit of
the Investigating Officer, as submitted aforesaid, coupled with
the fact that the nature of injury found, upon medical
examination of the injured was simple in nature, accordingly,
above-named petitioners, in the event of their
arrest/surrender within a period of four weeks from this
order, are directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) each with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. - IX, Darbhanga/concerned court in connection with
Ashok Paper Mill P.S. Case No. 120 of 2024, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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