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Patna High CourtCR. MISC./58681/2025bail granted

Baharan Sahani @ Baharam Sahani v. The State Of Bihar

2025-09-08Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58681 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- YADOPUR District- Gopalganj ====================================================== 1.

Baharan Sahani @ Baharam Sahani S/o- Late Nakchhed Sahani VillageJadopur Balua Tola PS- Jadopur District-Gopalganj 2.

Hiralal Sahani @ Heera Lal Sahani S/o- Baharan Sahani @ Baharam Sahani Village- Jadopur Balua Tola PS- Jadopur District-Gopalganj 3.

Chotu Sahani @ Chhotu Kumar S/o- Baharan Sahani @ Baharam Sahani Village- Jadopur Balua Tola PS- Jadopur District-Gopalganj 4.

Nirmala Devi W/o- Ranjan Sahani @ Ranjan Sahni Village- Jadopur Balua Tola PS- Jadopur District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-09-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2), 115, 118(1), 109, 352, 303(2), 504 of the B.N.S.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.4 is a woman and the informant alleges that on account of dispute relating to land, Ranjan assaulted the informant by farsa

Patna High Court CR. MISC. No.58681 of 2025(2) dt.08-09-2025 2/3 causing injury on head thereafter petitioner nos.1 and 2 assaulted her by legs and fists. Further, petitioner no.1 (Baharan) assaulted her father in-law by an iron rod causing injury on head. Thereafter, all accused assaulted Roma and Ramadhar while Ranjan and Chhotu threatened not to institute a case and accused persons also took away ornaments, clothes etc.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that specific allegation of assaulting the informant by farsa is against Ranjan, who is not petitioner in the instant anticipatory bail application. It is next submitted that allegation of assault against petitioner nos.2, 3 and 4 is general and omnibus in nature. It is also submitted that petitioner no.1 is alleged to have assaulted the informant by leg and fist and thereafter, it is alleged that he also assaulted father in-law of the informant by an iron rod causing injury on head. It is next submitted that from perusal of the order impugned, it would manifest that the same records that:- "lacerated would on right parietal region of size 2.5" x 1/4" x skin deep has been found on the person of injured Shiv Pujan Sahani. It is submitted that Shiv Pujan Sahani is father in-law of the informant. It is also submitted that had the injury been opined to

Patna High Court CR. MISC. No.58681 of 2025(2) dt.08-09-2025 3/3 be grievous, in that event, the impugned order would have recorded the same. It is next submitted that the injury suffered by the father in-law of the informant is simple in nature.

5. Learned A.P.P. opposes the anticipatory bail application.

6. 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 Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-X, Gopalganj in connection with Yadopur (Jadopur) P. S. Case No.47 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T