Shankar Shahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10260 of 2025 Arising Out of PS. Case No.-325 Year-2016 Thana- FATUA District- Patna ====================================================== Shankar Shahni Son of Jamindar Sahni Resident of Village- Nathupur, P.S.- Fatuha, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramchandra Sahni For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.
3. Prosecution case in nutshell is that on the alleged date and time of occurrence, Petitioner along with other co-accused persons unlawfully assembled near the house of the informant, Vidya Devi, and committed criminal assault following a dispute over a piece of government land. It is further alleged that during the altercation, petitioner assaulted Neetu Kumari (daughter
Patna High Court CR. MISC. No.10260 of 2025(3) dt.09-05-2025 2/3 of the informant) on the head with a lathi, causing serious bleeding injuries, and also assaulted Daroga Sahni (the informant's husband), causing visible injuries. It is further alleged that Chandrakala Devi (mother of petitioenr) snatched a gold chain from the informant's neck. The prosecution also claims that the assault was premeditated and done with intent to cause grievous hurt and to commit murder, arising out of a land-related conflict.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is submitted that both parties are agnates and have long-standing enmity arising out of a land dispute, which has led to a case and counter-case, as is evident from the perusal of Annexure P/3 (Fatuha P.S. Case No. 324 of 2016). It is further submitted that both parties have sustained injuries. After completing the investigation, Charge-sheet has been submitted against the petitioner. Moreover, petitioner is languishing in judicial custody since
Patna High Court CR. MISC. No.10260 of 2025(3) dt.09-05-2025 3/3 21.09.2024.
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Fatuha P.S. Case No. 325 of 2016 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City.
(S. B. Pd. Singh, J) Nirajkrs/- U T