Patna High CourtCR. MISC./28083/2016rejected

Satrudhan Sahani And ORS v. The State Of Bihar

2016-09-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28083 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Satrudhan Sahani

2. Nandu Sahani @ Nain Sahani both s/o Late Ram Ayodhaya Sahani

3. Rana Sahani s/o Late Baban Sahani

4. Badal Sahani @ Badal Kumar Sahani

5. Khirwa Sahani @ Ram Pravesh Sahani

6. Punya Lal Sahani all 4 to 6 s/o Rana Sahani

7. Chathua Sahani s/o late Laxman Sahani all r/o vill Ragunathpur P.S. Turkawliya Dist East Champaran.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Dhannjay Kumar No 2, Advocate.

For the Opposite Party : Mr. Jai Narain Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-09-2016 Prayer for anticipatory bail on behalf of petitioner no. 1 and 3 has already been withdrawn vide order dated 09.08.2016. Heard both sides.

The petitioners apprehend their arrest in Turkaualia P.S. Case No. 23 of 2016 registered for the offences punishable under Section 384 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that the petitioners having armed with different weapons came at the house of the informant and assaulted the informant. Satrudhan Sahani is alleged to have fired

Patna High Court Cr.Misc. No.28083 of 2016 (4) dt.27-09-2016 2/2 on the informant. It is further alleged that the accused persons have snatched Rs. 22,000/- and ornaments from the possession of the informant only because the informant did not pay the extortion.

Learned counsel for the petitioners submits that the petitioners are innocent. Satrudhan Sahani had purchased a piece of land of Khata No. 205, Khesra No. 1014 from Jokhan Sahani. Balram Singh the informant also purchased the same piece of land from Binod Kumar Mishra and that is why there is a land dispute between the parties, but no document has been filed to show that the land belongs to Jokhan Sahani.

Considering the nature of allegations that the petitioners assaulted the informant only due to non-payment of extortion and snatched money and ornaments, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T