Ashok Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7928 of 2021 Arising Out of PS. Case No.-324 Year-2019 Thana- PATAHI District- East Champaran ====================================================== ASHOK SAHANI Son of Nandu Sahani Resident of Village-Ambaria Tola, P.S.-Patahi, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-04-2021 Heard Mr. Sunil Kumar No. III, learned counsel for the petitioner and Mr. Nand Kumar, learned counsel appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Patahi P.S. Case No. 324 of 2019 registered for the offence under Section 143 / 341 / 323 / 324 / 307 / 447 / 379 / 354 / 504 / 506 of the I.P.C.

The allegation against the petitioner is that he along with other accused persons assaulted the informant and his family members and there is specific allegation against the petitioner that he gave farsa blow on the head of Vivek Sahni along with one Umesh Sahani, who gave iron rod blow on his head.

Learned counsel for the petitioner submits that both

Patna High Court CR. MISC. No.7928 of 2021(2) dt.17-04-2021 2/3 the parties are co-villagers, there is dispute with regard to land between them inasmuch as the side of the prosecution started constructing a wall upon the land owned / purchased by the petitioner which was objected due to which scuffle took place between both the parties and there is case and counter case inasmuch as for an incident which has taken place on the same date and time an F.I.R. vide Patahi P.S. Case No. 325 of 2019 was lodged by the father of the petitioner against the informant and others. Learned counsel further submits that the side of the petitioner also received injuries. Learned counsel next submits that petitioner is in custody since 30.09.2020 and charge sheet has already been submitted.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that both the parties are co-villagers, there is case and counter case, petitioner is in custody since 30.09.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 8, East Champaran, Motihari in

Patna High Court CR. MISC. No.7928 of 2021(2) dt.17-04-2021 3/3 connection with Patahi P.S. Case No. 324 of 2019. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

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