Dhurup Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20394 of 2022 Arising Out of PS. Case No.-492 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
RATAN SAHANI Son of Maniraj Sahani Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran 2.
Prabhu Sahani Son of Rameshwar Sahani Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran 3.
Mukesh Sahani Son of Hira Sahani Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran 4.
Kanhaiya Kumar @ Kanhaiya Sahani Son of Hira Sahani Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran 5.
Sukhari Sahani Son of Pooran Sahani Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran 6.
Manjay Kumar Son of Dhrup Sahani Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran 7.
Dashrath Sahani Son of Late Ramlakhan Sahani Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran 8.
Govihal Kumar Son of Rajendra Prasad Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran 9.
Sandesh Sahani Son of Nandee Sahani Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran 10.
Bhagrasan Sahani @ Bhagrasan Kumar Son of Maniraj Sahani Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran 11.
Lachhan Sahani @ Lachan Sahani Son of Maniraj Sahani Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran 12.
Deeplal Kumar @ Deeplal Sahani Son of Maniraj Sahani Resident of Village - Karamwa, Ward No.- 1, P.S.- Majhauliya, District - West Champaran ... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 20928 of 2022 Arising Out of PS. Case No.-492 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
DHURUP SAHANI Son of Rameshwar Sahani Resident of VillageKarmwa, Ward No. 1, Police Station - Majauliya, District - West Champaran.
2.
Prem Sahani Son of Rameshwar Sahani Resident of Village- Karmwa, Ward
Patna High Court CR. MISC. No.20394 of 2022(2) dt.23-08-2022 2/3 No. 1, Police Station - Majauliya, District - West Champaran. ... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party. ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 20394 of 2022) For the Petitioner/s :
Mr. Anant Kumar Mishra For the Opposite Party/s :
Mr. Kanhaiya Kishore (In CRIMINAL MISCELLANEOUS No. 20928 of 2022) For the Petitioner/s :
Mr. Anant Kumar Mishra For the Opposite Party/s :
Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354, 379, 427 & 34 of the Indian Penal Code. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.20394 of 2022(2) dt.23-08-2022 3/3 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. Both sides are agnates and there is admitted land disptue between them. There was a free fight between them and both the parties have sustained injuries. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 lower Court where the case is pending/successor Court in connection with Majhauliya P.S. Case No.492 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T