Dinanath Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40273 of 2024 Arising Out of PS. Case No.-103 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Dinanath Sahani, Son of late Sheobalak Sahani 2.

Arvind Sahani @ Arvind Kumar, Son of Dinanath Sahani Both are R/o Vill.- Ramgrhwa Malahi Tola, P.S.-Ramgrhwa, Dist.- East Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Ramgarhwa P.S. Case No.103 of 2022 registered under Sections 341, 323, 307, 379 and 504 read with 34 of the Indian Penal Code.

3. The allegation against the petitioners is to assault the informant and others along with co-accused persons/family members causing head and other bodily injuries, having intention to cause their death, where

Patna High Court CR. MISC. No.40273 of 2024(2) dt.12-07-2024 2/3 occurrence alleged to arising out of local disputes and differences.

4. It is submitted that the petitioners have been implicated falsely with present case out of neighbourhood disputes and differences, which now compromised between the parties. It is submitted that though specific allegation is available against the petitioners but, the nature of injuries upon medical examination found simple, thus by denying prima facie intention to cause death on its face. Both the petitioners are men of clean antecedents.

5. Learned APP opposes the prayer for bail.

6. In view of aforesaid submissions and by taking note of injury report, which is simple in nature, accordingly, both above-named petitioners, are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Raxaul at Motihari, East Champaran in connection with Trial No.861 of 2023 arising out of

Patna High Court CR. MISC. No.40273 of 2024(2) dt.12-07-2024 3/3 Ramgarhwa P.S. Case No.103 of 2022, subject to the conditions as laid down under Section 438(2) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T