Kamaldeo Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18711 of 2025 Arising Out of PS. Case No.-377 Year-2024 Thana- PANAPUR District- Saran ====================================================== 1.
Kamaldeo Sahni Son of Bindeshwari Sahni Resident of Vill- Rampur Rudra, P.S.- Panapur, District- Saran at Chapra 2.
Suraj Sahni Son of Kamaldeo Sahni Resident of Vill- Rampur Rudra, P.S.- Panapur, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh For the Opposite Party/s :
Mr. Rakesh Mohan Singh For the State :
Mr. Nawal Kishore Pd.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-05-2025
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Panapur Police Station Case No. 377 of 2024, dated 15.12.2024, disclosing offences under Sections 126(2)/115/118(1)/109/303(2)/352/351(2)/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report has been lodged against a total of seven named and ten unknown persons. The allegation is that the accused persons have committed robbery and have assaulted the informant and her family members. The petitioner no. 1 has assaulted informant's brother-in-law-Sibbu Kumar by means of farsa on his head due to which he sustained
Patna High Court CR. MISC. No.18711 of 2025(3) dt.15-05-2025 2/3 injury.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to land dispute. He next submits that a counter case, bearing Panapur Police Station Case No. 379 of 2024, has been filed by the side of the petitioners against the informant and other. No specific allegation has been alleged against the petitioner no. 2 and allegation against the petitioner no. 1 that he assaulted the informant's brother-in-law on head by means of farsa but injury is simple in nature. He further submits that similarly situated Manoj Singh has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 27521 of 2025.
5. On the other hand, learned counsel for the State and the Informant vehemently opposes the prayer for anticipatory bail and submits that the petitioners and other accused persons have assaulted the informant and her family members due to which total four persons have sustained injuries out of which three persons have sustained grievous injury.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the
Patna High Court CR. MISC. No.18711 of 2025(3) dt.15-05-2025 3/3 occurrence has taken place due to land dispute between the parties, case and counter-case is there between them, no specific allegation has been alleged against the petitioner no. 2 and injury sustained by the victim caused by the petitioner no. 1 is simple in nature and the similarly situated co-accused person has been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Saran at Chapra, in connection with Panapur Police Station Case No. 377 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J) ashwani/- U T