Anjani Sahani @ Anjani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42758 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.
Anjani Sahani @ Anjani Kumar S/o Lal Babu Sahani, Resident of vill - Pitaunjhia, P.S- Hatthauri, Distt.- Muzaffarpur 2.
Vikash Sahani @ Vikash Kumar S/o Lal Babu Sahani, Resident of vill - Pitaunjhia, P.S- Hatthauri, Distt.- Muzaffarpur 3.
Chandan Kumar S/o Indra Bhushan Lal, Resident of vill - Pitaunjhia, P.SHatthauri, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suman Kumar Verma, Advocate For the State :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-11-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail, apprehending their arrest, in connection with Hathauri P.S. Case No. 233 of 2024, dated 09.12.2024, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 74, 324(4), 305, 352 and 351(2) of BNS and Section 27 of the Arms Act.
3. As per allegation, the petitioners and other coaccused entered into the house of the informant and committed theft of jewellery and cash and damaged two motorcycles and
2/4 chairs lying in the house and they also injured family members of the informant.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that one of the main accused, Lal Babu Sahani, who is family member of the petitioners, was exmukhiya and there was political rivalry between the informant and the petitioners' side and hence, altercation took place due to this political rivalry, in which both sides got injuries and case and counter case was lodged. Counter case lodged by the petitioners' side is Hathauri P.S. Case No. 234 of 2024, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 329(3), 305, 352 and 351(2) of BNS and under Section 27 of the Arms Act. He further submits that two petitioners, namely, Anjani Sahani and Vikash Sahani are students and they have been also falsely implicated on account of being member of the family.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioners have clean antecedent.
3/4
7. However, learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the political rivalry between the parties, case and counter case and the injuries on both sides, this petition is allowed, directing the petitioners, above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Hathauri P.S. Case No. 233 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong,
4/4 learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) ravishankar/- U T