Rajesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10756 of 2023 Arising Out of PS. Case No.-190 Year-2017 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
Rajesh Sahani S/O Surya Sahani R/V- Majhariya, P.S.-Pipra, District- East Champaran 2.
Rakesh Sahani @ Rakesh Kumar S/O Surya Sahani R/V- Majhariya, P.S.- Pipra, District- East Champaran 3.
Lalita Devi W/O Rajesh Sahani R/V- Majhariya, P.S.-Pipra, District- East Champaran 4.
Nibha Devi W/O Rakesh Sahani R/V- Majhariya, P.S.-Pipra, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2023 Learned counsel for the petitioners submits that the petitioner no. 1 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 1.
Permission is granted.
Accordingly, this application with regard to petitioner no. 1 is dismissed as withdrawn.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioners.
The petitioners are apprehending their arrest in a case
Patna High Court CR. MISC. No.10756 of 2023(2) dt.24-04-2023 2/3 registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 307, 504 of the Indian Penal Code. Petitioners along with other accused persons are said to have assaulted the informant and his wife. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that compromise petition has been done between the parties. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and the nature of injury, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each
Patna High Court CR. MISC. No.10756 of 2023(2) dt.24-04-2023 3/3 to the satisfaction of the learned court below where the case is pending/successor court in connection with Pipra Kothi P.S. Case No. 190 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T