Fintush Sahani @ Pintu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28601 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Fintush Sahani @ Pintu Sahani S/o- Late Bhim Sahani R/o Vill- Koilwar Banpat Tola, Ward No. 08, P.S.- Koilwar, Dist- Bhojpur 2.

Vijay Sahani @ Vijay Kumar S/o- Late Bhim Sahni R/o Vill- Koilwar Banpat Tola, Ward No. 08, P.S.- Koilwar, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Sing, APP For the Informant :

Mr. Akash Kumar Mishra, Advocate Mr. Madanjeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in connection with Koilwar P.S. Case No. 53 of 2024 instituted under Sections 341, 324, 307, 354, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, accused persons including the petitioners assaulted the informant and her niece causing injury to them.

4. Learned counsel for the petitioners submits that both the parties are co-villagers and next door neigbour and due to previous enmity, the informant has lodged this false case against the petitioners. He further submits that there was

Patna High Court CR. MISC. No.28601 of 2024(2) dt.15-05-2024 2/2 altercation took place between the parties on dispute between the children with respect to playing. The injury caused to the informant is simple in nature and the allegation against the petitioner is general in nature. He also submits that petitioner no. 1 has one criminal antecedent in which he is on bail and petitioner no. 2 has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently oppose the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Ara (Bhojpur) or Concerned Court Below in connection with Koilwar P.S. Case No. 53 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T