Amarnath Kumar @ Amarnath Kumar Sahahi @ Amarnath Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22135 of 2026 Arising Out of PS. Case No.-155 Year-2024 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.
Amarnath Kumar @ Amarnath Kumar Sahahi @ Amarnath Sahani Son of Sajawal Sahani Resident of Village- Jagdishpur, P.S.- Maharajganj, DistrictSiwan (Bihar) 2.
Mukesh Sahani Son of Ram Lagan Sahani Resident of Village- Jagdishpur, P.S.- Maharajganj, District- Siwan (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 08-04-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Maharajganj P.S. Case No. 155 of 2024 for the offence under Sections 147, 323, 341, 324, 307, 379, 504, 506 and 34 of Indian Penal Code.
3. The prosecution case, in brief, is that the informant, namely Lalan Pandit, is the rightful owner and in peaceful possession of land appertaining to Khata No. 10, Survey No. 173 and Khata No. 142, Survey No. 172, having a total area of 5 Katha 13 Dhur. On 26.04.2024 at about 12:15 a.m., all the F.I.R. named accused persons along with 7-8 unknown persons,
Patna High Court CR. MISC. No.22135 of 2026(2) dt.08-04-2026 2/3 forming an unlawful assembly and armed with deadly weapons such as lathi, rod, axe, and other weapons, came to the land of the informant with the common intention of forcibly dispossessing him. When the informant and his cousin Ajay Pandit protested and questioned their acts, the accused persons, assaulted them with iron rods, causing injuries on their heads. Other accused persons also assaulted the female members of the informant's family and used abusive and threatening language, asked them to vacate the land or face dire consequences. During the course of the occurrence, the accused persons also snatched gold chains from the necks of the informant and Ajay Pandit.
4. Learned counsel for the petitioners submits that the petitioners are quite innocent and they have committed no offence. The petitioners and informant are agnates and there is an admitted land dispute between both the parties. The alleged occurrence took place due to land dispute and both parties received simple injuries. There is general and omnibus allegation against all the accused persons including the present petitioners that they have abused and threatened the informant and his family members and took three quintals of wheat. Learned counsel further submits that injury report has been annexed as Annexure -2 which shows that injured has received
Patna High Court CR. MISC. No.22135 of 2026(2) dt.08-04-2026 3/3 superficial injuries and doctor has found the injuries as simple in nature.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, nature of injury and land dispute between both the parties, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, II, Siwan, in connection with Maharajganj P.S. Case No. 155 of 2024 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the condition that one of the bailors should be close relative of the petitioner. (S. B. Pd. Singh, J) Ankit Kumar/- U T