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Patna High CourtCR. MISC./40906/2024bail rejected

Ranjeet Sahani v. The State Of Bihar

2024-08-09Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40906 of 2024 Arising Out of PS. Case No.-262 Year-2019 Thana- PIPRA District- East Champaran ====================================================== 1.

Ranjeet Sahani Son Of Rajesh Sahani Resident Of Village - Koirgawan, P.S.- Pipra, Distt- East Champaran, Motihari 2.

Sikandar Sahani Son Of Late Bhukhal Sahani Resident Of Village - Koirgawan, P.S.- Pipra, Distt- East Champaran, Motihari 3.

Mohan Sahani Son Of Late Manejar Sahani Resident Of Village - Koirgawan, P.S.- Pipra, Distt- East Champaran, Motihari 4.

Naresh Sahani Son Of Satyanaran Sahani Resident Of Village - Koirgawan, P.S.- Pipra, Distt- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the State :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-08-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Pipra P.S. Case No. 26 of 2019 for the offence under Sections 341, 323, 324, 325, 354, 307, 447, 147, 149, 504 and 506 of the I.P.C. lodged on 29.07.2019 by the informant, Ganganath Sahani.

3. As per the prosecution story, the informant alleged that, they were drinking liquor at his doorstep and upon protest brutally assaulted. So far as these petitioners are concerned, the specific allegation is of giving rod blow

Patna High Court CR. MISC. No.40906 of 2024(2) dt.09-08-2024 2/3 on the head of the informant is on the petitioner no. 2 Sikandar Sahani, Mohan Sahani (petitioner no.3) gave wooden rod blow to the lady, family member of the informant. Whereas, Lakshmi Devi was assaulted by petitioner no. 4 Naresh Sahani, so far as, Ranjeet Sahani is concerned, the allegation is that he gave leg blow to the informant, accordingly, the F.I.R.

4. Learned counsel for the petitioner submits that there is case and counter case, earlier the police has submitted the final form but later cognizance has been taken against them necessiating the present petition.

5. Learned APP opposes the prayer submitting that a bare perusal of the F.I.R would show that, the specific role has been attributed to all these petitioners and despite cognizance has been taken in the year 2022, they chose to approach this Court for grant of anticipatory bail only in 2024. He submits that so far as others are concerned, bail has been granted to them.

6. This Court find force in the submissions of the learned APP. There is role attributed to all the petitioners herein of assaulting the informant as also his family

Patna High Court CR. MISC. No.40906 of 2024(2) dt.09-08-2024 3/3 members on the petty issue of opposing the drinking of liquor at his doorstep.

7. In that background, the petitioner seek bail, the anticipatory bail stands rejected.

(Rajiv Roy, J) vinayak/- U T