Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61372 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- THAKRAHA District- West Champaran ====================================================== 1.

Shobha Devi W/o- Rambelash Sahani Village- Bara Tola W.No-11, PSThakraha Dist- West Champaran 2.

Munna Sahani @ Jamuna Chaudhary s/o- Virendra Chaudhary Village- Bara Tola W.No-11, PS- Thakraha Dist- West Champaran 3.

Indal Sahani @ Indal Mallah @ Indal S/o- Baharan Sahani Village- Bara Tola W.No-11, PS- Thakraha Dist- West Champaran 4.

Baharan Sahani @ Baharan Mallah S/o- Late Banhu @ Banhu Mallah @ Banhu Sahani Village- Bara Tola W.No-11, PS- Thakraha Dist- West Champaran 5.

Arjun Sahani @ Arjun Mallah S/o- Late Banhu @ Banhu Mallah @ Banhu Sahani Village- Bara Tola W.No-11, PS- Thakraha Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The learned counsel appearing on behalf of the petitioners, at the outset, seeks permission to withdraw the

2/4 anticipatory bail application with respect to petitioner no. 4, Baharan Sahani @ Baharan Mallah, who was arrested during pendency of the instant anticipatory bail application.

3. Permission is accorded.

4. Accordingly, the anticipatory bail application is dismissed as withdrawn with respect to petitioner no. 4 only.

5. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 303(2), 352 and 351(2) of the BNS, 2023.

6. Learned counsel for the petitioners submits that petitioner nos. 1 and 2 are persons with clean antecedent and petitioner no. 1 is a woman and petitioner nos. 3 and 5 have antecedent of three cases. It is next submitted that informant alleges that his co-villagers took him to his door and Birendar assaulted him with farsa causing injury on head, thereafter Arjun assaulted him by an iron rod on both his arms, face, leg, waist and his finger got injured, further Munna and Rambalesh assaulted Bhola by lathi, danda and knife causing injury on head and chest, thereafter all accused assaulted Shiv Sahani and Satendra causing injury on head, chest, waist and back of Shiv Sahani while Birendra and Arjun snatched armlets and Rs.

3/4 1100/- from pocket of Bhola.

7. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that the injury suffered by the injured has been opined to be simple, as would manifest from the order impugned. It is also submitted that though against Munna and Rambalesh, it is alleged that they assaulted Bhola by lathi, danda and knife, but then his injury has been opined to be simple caused by hard and blunt object. It is next submitted that the emergency ticket of the informant, Om Prakash, was found forged during the course of investigation, as has been record at Para-107 of the case diary.

8. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

9. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Thakraha

4/4 P.S. Case No. 30 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

10. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T