Birendra Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13471 of 2017 Arising Out of PS.Case No. -480 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Birendra Sahani, Son of Sheo Balak Sahani.

2. Shatrudhan Sahani, son of Sheo Balak Sahani.

3. Surendra Sahani, Son of Panna Lal Sahani. null

4. Ramesh Sahani, Son of Sheo Balak Sahani.

5. Panna Lal Sahani, Son of Mahadeo Sahani.

6. Bishwanath Sahani, Son of Mahadeo Sahani. All are Residents of Village- Majuraha, P.S.- Turkauliya (Raghunathpur O.P.), District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 384, 504 of the Indian Penal Code.

Accusation is that due to land dispute twelve persons including the petitioners reached at the door of the informant and started abusing and at that time petitioner- Surendra Sahani gave Farsa blow on the head of the informant, who fell down sustaining cut injury and blood started oozing. Thereafter he was also assaulted by other accused persons with iron rod. When the son of the informant came to rescue the informant then petitioner Satrudhan Sahani assaulted him with iron rod causing head injury and when informant's daughter Binita came, then petitioner-

Patna High Court Cr.Misc. No.13471 of 2017 (2) dt.08-05-2017 2/2 Birendra Sahani assaulted her with bamboo. Accused Rajesh also assaulted informant's son with Fatta.

Learned counsel appearing on behalf of the petitioners submits that due to land dispute the occurrence of Marpeet took place in which petitioners side also sustained injury for which Turkaulia (Raghunathpur O.P.) P.S.Case No. 484 of 2016 was instituted. Moreover, the injuries, as found on the persons of the son and the daughter of the informant are simple in nature while two injuries were found on the person of Babulal Sahani i.e. (1) lacerated wound on left side of temporal region, which is said to be cut by petitioner no.3, is simple in nature and (2) Chest pain is said to be grievous.

Having considered the facts and circumstances of the case, let, above named petitioners, in the event of their arrest/surrender in the court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Turkaulia (Raghunathpur O.P.) P.S.Case No. 480 of 2016,subject to the conditions as laid down under 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) singh/- U T