Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43695 of 2023 Arising Out of PS. Case No.-397 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Santosh Sahani S/O Shambhu Sahani R/O Village- Balahi, P.S- Turkauliya, Distt.- East Champaran.

2.

Ram Chandra Sahani S/O Late Kuar Sahani @ Kunwar Sahani R/O VillageBalahi, P.S- Turkauliya, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bal Govind Sharma For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 341, 323, 324, 307, 354, 379, 504 and 506 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they armed with various weapons came at the house of the informant and started assaulting the informant and his family members due to which informant's side sustained injuries. It is further alleged that they also took away cash of Rs. 4500 from the pocket of the informant.

Patna High Court CR. MISC. No.43695 of 2023(2) dt.21-07-2023 2/2 Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to passage dispute. There is case and counter case between the parties and both parties have sustained injuries in separate occurrence. They have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 03.04.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Turkauliay P.S. Case No. 397 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari (Sunil Kumar Panwar, J) Manishkumar/- U