Bharat Sahani v. The Stae Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3653 of 2021 Arising Out of PS. Case No.-567 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
BHARAT SAHANI SON OF LATE VIDYA SAHANI RESIDENT OF LAL SARIYA, MALAHI TOLA, WARD No.9, P.S.- MAJHAULIA, DISTRICTWEST CHAMPARAN. 2.
MANJIT SAHANI SON OF BHARAT SAHANI RESIDENT OF LAL SARIYA, MALAHI TOLA, WARD No.9, P.S.- MAJHAULIA, DISTRICTWEST CHAMPARAN. 3.
SANJAY SAHANI SON OF RAJA SAHANI RESIDENT OF LAL SARIYA, MALAHI TOLA, WARD No.9, P.S.- MAJHAULIA, DISTRICTWEST CHAMPARAN. 4.
BIRU SAHANI SON OF NAGA SAHANI RESIDENT OF LAL SARIYA, MALAHI TOLA, WARD No.9, P.S.- MAJHAULIA, DISTRICT- WEST CHAMPARAN.
5.
HIRA LAL SAHANI @ HIRALAL SAHANI SON OF LATE SINHASAN SAHANI RESIDENT OF MAJHARIYA SHEKH, P.S.- MAJHAULIA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s
Versus
THE STAE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-09-2021 Heard Mr. Bimlesh Kumar Pandey, learned Advocate for the petitioners and Mr. Md. Matloob Rab, learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Majhaulia P.S. Case No. 567 of 2019 dated 10.11.2019 instituted for the offences under
Patna High Court CR. MISC. No.3653 of 2021(2) dt.02-09-2021 2/3 Sections 147, 427, 379, 506 and 387 of the Indian Penal Code.
A dispute is said to have taken place over the issue of fishing in a pond.
Learned counsel for the petitioners has submitted that the accusation of the petitioners having demanded extortion money is absolutely incorrect. Both, the petitioners as well as the informant are desirous of having the pond settled in their favour. Till date, the pond has not been settled in favour of anyone. The dispute therefore is purely with respect to the expectation of the parties of obtaining fishing rights in a particular pond. Nobody appears to have been injured in any serious manner.
Considering the aforestated facts, the petitioners are directed to be released 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
Patna High Court CR. MISC. No.3653 of 2021(2) dt.02-09-2021 3/3 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 the learned Additional District and Sessions Judge V, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 567 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T