Shatrughan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14665 of 2025 Arising Out of PS. Case No.-164 Year-2024 Thana- Raghunathpur District- East Champaran ====================================================== 1.

Shatrughan Sahani Son of Ram Ayodhya Sahani Resident of VillageRaghunathpur, P.S. - Raghunathpur, District- East Champaran. 2.

Vikash Sahani @ Vikash Kumar Son of Dildar Sahani Resident of VillageRaghunathpur, P.S. - Raghunathpur, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate Mr. Sumit Kumar, Advocate Mr. Sudhanshu Kumar, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, Advocate For the State :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Raghunathpur P.S. Case No. 164 of 2024, instituted under Sections 352, 351(3), 115(2), 126(2), 3(5), 117(2), 132, 109 of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, informant who is a Chaukidar, when he was going for official duty three accused persons including the petitioners came with e-rickshaw and assaulted the informant due to which his right hand wrist got fractured.

Patna High Court CR. MISC. No.14665 of 2025(2) dt.02-04-2025 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. There is land dispute between the parties for which a Title Suit is pending. Wife of Petitioner No. 1 had filed a complaint case against the informant in which cognizance has been taken. For taking revenge this case has been filed by the informant. There is no injury report on the record to corroborate the allegation of the prosecution which is evident from the impugned order. It is further submitted that at the time of occurrence Petitioner No. 2 was not present in the village. Petitioner No. 1 has three criminal antecedents. Both petitioners and informant are co-villagers. Petitioners undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in

Patna High Court CR. MISC. No.14665 of 2025(2) dt.02-04-2025 3/3 connection with Raghunathpur P.S. Case No. 164 of 2024, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J) rakhi/- U T