Samod Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23451 of 2023 Arising Out of PS. Case No.-823 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

SAMOD SAHANI S/O NARAYAN SAHANI Resident of VillageBarharwa, P.S.- Muffasil, District- East Champaran. 2.

GUDDU DEVI W/O SAMOD SAHANI Resident of Village- Barharwa, P.S.- Muffasil, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Motihari Muffasil PS case no. 823 of 2022, registered for the offences punishable under Section 379 and other allied sections of the Indian Penal Code. The allegation is regarding dispute having cropped up on account of sharing of crops in between the parties, whereafter the accused persons including the petitioners are stated to have assaulted the informant and his wife. The learned counsel for the petitioners submits that the petitioners are innocent, they have been falsely

Patna High Court CR. MISC. No.23451 of 2023(2) dt.24-06-2023 2/3 implicated in the present case and are having a clean antecedent. The learned counsel for the petitioners has further submitted that a general and omnibus allegation has been levelled against the petitioners and there is no injury report on record to show that the injured persons have received any injury. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioners are having a clean antecedent and there is no injury report on record to show that the injured persons have received any injury apart from the fact that a general and omnibus allegation has been levelled against the petitioners, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.23451 of 2023(2) dt.24-06-2023 3/3 of learned C.J.M., Motihari, East Champaran in connection with Motihari Muffasil PS case no. 823 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T