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Patna High CourtCR. MISC./20301/2024allowed

Nagendra Sahni v. The State Of Bihar

2024-04-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20301 of 2024 Arising Out of PS. Case No.-407 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Nagendra Sahni S/o Jamuna Sahni R/o Sheikh Majhariya, P.S. - Majhauliya, Distt. - West Champaran 2.

Hazari Sahni @ Hazari Kumar Sahni S/o Jamuna Sahni R/o Sheikh Majhariya, P.S. - Majhauliya, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Jee Mishra For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case registered for the offence punishable under Sections 452, 341, 323, 324, 307, 380, 504 & 506/34 of the Indian Penal Code.

3. The allegation against petitioner no.1 is that he assaulted with farsa on the head of Ramayan Sahani and petitioner no.2 assaulted with iron rod on both hand of Ramayan Sahni.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They are quite innocent and have been falsely implicated in this case due to land dispute. As a matter of fact, due to land dispute, there was a

Patna High Court CR. MISC. No.20301 of 2024(3) dt.10-04-2024 2/2 free fight between the parties and both the sides have sustained injuries. The petitioners' side have also lodged a case earlier to the case under hand. Both the parties are agnates and they do not want to drag the case further and on the efforts of the well wishers of the family they have compromised the matter and the compromise petition has also been annexed with this application as Annexure-4. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners have no criminal antecedent and have been languishing in custody since 29.11.2023.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid, the above named petitioners are directed to 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 to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Majhauliya P.S. Case No.407 of 2023.

(Anjani Kumar Sharan, J) Trivedi/- U T