Shivnath Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34626 of 2025 Arising Out of PS. Case No.-171 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== Shivnath Sahani S/o Ambika Sahani @ Amerika Sahani R/o VillageKathaiya, P.S.- Harsidhi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Harsidhi P.S. Case No. 171 of 2020, lodged on 11.05.2020, under Sections 341, 323, 354(B), 504, 307, 326 and 34 of the Indian Penal Code.

3. As per the prosecution, F.I.R. has been lodged against 12 named accused persons, including the present petitioner, alleging that they assaulted the informant's daughterin-law, due to which she sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that from the contents of the F.I.R., it becomes crystal clear that the cause of dispute is a petty one, and both parties are co-villagers with no criminal background. Counsel also submits

Patna High Court CR. MISC. No.34626 of 2025(2) dt.04-06-2025 2/2 that the petitioner has been in custody since 13.01.2025 and has clean criminal antecedents.

5. Upon a specific query as to whether charge has been framed in this case, learned counsel for the petitioner submits that, as per his knowledge, charge has not yet been framed.

6. Learned APP for the State opposes the prayer for bail and submits that there is a specific allegation against the petitioner of assaulting the informant's daughter-in-law.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., East Champaran at Motihari, in connection with Harsidhi P.S. Case No. 171 of 2020, subject to the following conditions as laid down under Section 480(3) of the BNSS.

(Dr. Anshuman, J.) Aman Kumar/- U T