Arvind Kumar Sahani @ Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55276 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Arvind Kumar Sahani @ Arvind Kumar Son of Sri Raj Kishor Sahani @ Dodhai Sahani R/o Dewanibari Ward No 2 PS -Pakridayal Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Pakridayal P.S. Case No. 65 of 2025 dated 27.02.2025 registered under Section 109(1) and 3(5) of the Bhartiya Nyaya Sanhita 2023 and Section 27 of the Arms Act 1959.
3. As per the first information report on 25.02.2025 the co-accused / Krishna Ram called the informant near a temple and subsequently asked him to come near a 'Bandh' where the petitioner along with other accused persons were present and upon the order of co-accused persons, the petitioner fired upon the informant but the bullet crossed near the ear of the informant.
4. Learned counsel for the petitioner submits that there is
Patna High Court CR. MISC. No.55276 of 2025(2) dt.27-08-2025 2/3 two days delay in lodging the F.I.R. inasmuch as according to the informant the occurrence has taken place on 25.02.2025 but F.I.R. has been lodged on the basis of written report submitted by the informant on 27.02.2025. The petitioner and the informant are co-villagers as would be evident from the F.I.R. itself having previous dispute and the petitioner has been made accused due to village politics. No body has sustained injury due to firing done by the petitioner. No used cartridge / cartridges have been recovered from the place of occurrence during the course of investigation by the police.
5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are co-villagers and no body has sustained fire arm injury, accordingly, I am inclined to grant anticipatory bail to the petitioner subject to the condition that he shall not repeat the same offence in future.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. 8th, East Champaran, Motihari in connection with
Patna High Court CR. MISC. No.55276 of 2025(2) dt.27-08-2025 3/3 Pakridayal P.S. Case No. 65 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. (Anil Kumar Sinha, J) praful/- U T