Dilip Sahani @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51199 of 2023 Arising Out of PS. Case No.-187 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

DILIP SAHANI @ DILIP KUMAR S/O SHRI BHAGAWAN SAHANI R/O Village- Murli Tingharwa, P.S- Sangrampur, Distt.- East Champaran. 2.

Shri Bhagwan Sahani S/O Mushafir Sahani @ Moshafir Sahani R/O VillageMurli Tingharwa, P.S- Sangrampur, Distt.- East Champaran. 3.

Mushafir Sahani @ Moshafir Sahani S/O Pallu Sahani R/O Village- Murli Tingharwa, P.S- Sangrampur, Distt.- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-11-2023 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Sangrampur PS case no. 187 of 2020, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

As per the First Information Report, the petitioners assaulted the informant and his two sons by means of farsa on their head.

4.

Learned Counsel for the petitioners submits that from perusal of the F.I.R., it would be evident that the

Patna High Court CR. MISC. No.51199 of 2023(3) dt.09-11-2023 2/3 occurrence has taken place due to land dispute between the parties. He further submits that both the parties are co-sharers and injuries caused to the victims are simple in nature. He also submits that the parties have also entered into a compromise and the matter has amicably been settled between them. 5.

Learned counsel for the State, by referring to the case diary, submits that injuries caused to the informant and his sons are simple in nature, however there is allegation of dragging the wife of informant namely Meera Devi but the opinion is reserved about the nature of injury caused to her. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are co-sharers and land dispute existing in between them apart from the fact that injuries caused to the informant and his two sons are simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners. 6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Motihari in connection with

Patna High Court CR. MISC. No.51199 of 2023(3) dt.09-11-2023 3/3 Sangrampur PS case no. 187 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T