Kishori Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51607 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Kishori Sahni S/o Ganu Sahni Resident of village - Lakhaura Brahm Tola, P.S.- Lakhaura, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Lakhaura P.S. Case No. 146 of 2025 registered for the alleged offences under Sections 191(3), 191(2), 190, 109(1), 352, 351(2), 303(2) of B.N.S.

3. As per prosecution case, the petitioner and other coaccused persons making an unlawful assembly surrounded the informant and the petitioner opened fire by his pistol in air and thereafter, the petitioner and other co-accused persons assaulted the informant with iron rod, lathi and danda causing a number of injuries to the informant. When the family members of the informant came for his rescue, they were also assaulted. The

2/4 occurrence took place in the background of earlier case of murder of the brother of the informant in which trial has been continuing and the informant further alleged that the petitioner has threatened the informant and his family members to settle the said case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is an ongoing dispute between the petitioner and the informant and most of the cases have been lodged by the informant and his family members. The petitioner is having criminal antecedent of altogether 11 cases and he is on bail in 9 such cases. Learned counsel further submits that there is no injury report of the informant which shows the allegation of assault is false and concocted. The only allegation against the petitioner is of opening fire in air but that also not proved. The petitioner is the Mukhiya of his Panchayat and he went for inspecting the work of common pond and Chhath ghat when some altercation took place between the informant and the villagers and taking advantage of this fact, the informant has lodged the present case. Learned counsel further submits that the petitioner is in custody since 24.05.2025 and charge sheet has been submitted.

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5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the previous dispute between the parties and further considering the nature of allegation and also considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/concerned Court in connection with Lakhaura P.S. Case No. 146 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the

4/4 petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T