Hari Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65675 of 2025 Arising Out of PS. Case No.-2355 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1.
Hari Sahni S/O Late Ram Khelawan Sahni Resident of Village- Rewra, P.S.- Khanpur, District- Samastipur 2.
Sumitra Devi W/O Hari Sahni Resident of Village- Rewra, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Tiwari, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-09-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Complaint Case No. 2355 of 2023 for the offence under section 420 of the I.P.C. lodged by the informant, Shivjee Sahani.
3. As per the prosecution story, the informant alleged that the land which belongs to him has been transferred by the petitioner to his wife and as such, the FIR.
4. Learned counsel for the petitioners submit that this land dispute has led to Title Suit No. 99 of 2021, it is purely a land dispute between the family members, for which, only to put pressure, they have been implicated, have no criminal
Patna High Court CR. MISC. No.65675 of 2025(2) dt.17-09-2025 2/3 antecedent and shall be diligently appearing in trial, if granted relief.
5. Learned APP opposes the prayer.
6. Considering the submissions of the parties as also the material on record and a Title Suit is already pending between the parties, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur in connection with Complaint Case No. 2355 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or
Patna High Court CR. MISC. No.65675 of 2025(2) dt.17-09-2025 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T