Rajan Sahani @ Rajen Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34294 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== 1.

Rajan Sahani @ Rajen Sahani Son of Chandrika Sahani Resident of Village - Ghurahu Kothia, Police Station- Dariyapur, District - Saran (Chapra). 2.

Chandrika Sahani Son of Late Sita Ram Sahani Resident of Village - Ghurahu Kothia, Police Station- Dariyapur, District - Saran (Chapra). 3.

Atma Sahani Son of Chandrika Sahani Resident of Village - Ghurahu Kothia, Police Station- Dariyapur, District - Saran (Chapra). 4.

Pappu Sahani @ Police Sahani Son of Late Deo Dhari Sahani Resident of Village - Ghurahu Kothia, Police Station- Dariyapur, District - Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Dariyapur P.S. Case no. 49 of 2022 instituted for the offence under Sections 341, 379, 427, 447, 467, 468, 471, 188/34 of the Indian Penal Code.

Prosecution case is that when the measurement of the land was done by Government Amin and thereafter pillars were affixed then the petitioners along with other co-accused persons

Patna High Court CR. MISC. No.34294 of 2022(2) dt.24-11-2022 2/3 came with various arms and forcibly uprooted the said pillars. It is further alleged that they also assaulted the informant and one of the petitioners by preparing a forged document forcibly wanted to grab the said land.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. No such occurrence has ever taken place. They were falsely been implicated in this case due to admitted land dispute between the parties. It is further submitted that petitioners were not apprehended on spot and pillar in question has not been recovered.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Dariyapur P.S. Case no. 49 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

Patna High Court CR. MISC. No.34294 of 2022(2) dt.24-11-2022 3/3 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-13th, Chapra, District-Saran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T