Tarachandra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42562 of 2022 Arising Out of PS. Case No.-29 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== 1.

TARACHANDRA SAHANI Son of Bijli Sahani @ Vijuli sahani Resident of village - Pannapur Tadhwa Tola, P.s.- Harsidhi, District - East Champaran. 2.

Chandrakishor Sahni Son of Suresh Sahani Resident of village - Pannapur Tadhwa Tola, P.s.- Harsidhi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2022 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 Harsidhi P.S. Case no. 29 of 2021 instituted for the offence punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, on the order of accused Baliraj Sahni, petitioner no. 1 has assaulted Raju Singh by means of Knife causing head injury and petitioner no. 2 assaulted to Raj Kumar Mahto by means of knife causing injury on his eyes.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.42562 of 2022(2) dt.08-12-2022 2/2 has submitted that petitioners are innocent and have been falsely implicated in this case due to previous land dispute. Injury report is not brought on record to support the prosecution story as mentioned in the impugned order. There is case and counter case between the parties.

Learned APP appearing for the State has opposed the prayer of 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 Harsidhi P.S. Case no. 29 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U