Laxman Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49754 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- MEHSI District- East Champaran ====================================================== LAXMAN SAHANI SON OF RIJHAN SAHANI RESIDENT OF VILLAGE - BHIMALPUR, P.S. - MEHSI, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Mehsi Police Station Case No. 37 of 2024, dated 06.03.2024, disclosing offences under Sections 341/323/324/379/504/506/308/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 02.03.2024, in the evening, while the informant was away from her home and her son was playing near the house, the petitioner arrived there, abused and assaulted the informant's son due to previous enmity. When the informant's daughter Puja Kumari intervened, the petitioner assaulted her by means of spade due to
Patna High Court CR. MISC. No.49754 of 2024(2) dt.21-08-2024 2/3 which she sustained injury on her head.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to previous dispute between the parties regarding the passage. He further submits that injury caused to the victim Puja Kumari is simple in nature as would be evident from Annexure-2. There is four days delay in lodging of First Information Report.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbours, there is previous land dispute between them and injury caused to the victim is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his 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 Judicial Magistrate 1st Class, Motihari, East Champaran, in connection with Mehsi Police Station Case No. 37 of 2024, subject to the
Patna High Court CR. MISC. No.49754 of 2024(2) dt.21-08-2024 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T