Chandra Kishor Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63220 of 2025 Arising Out of PS. Case No.-542 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== 1.
Chandra Kishor Sahani S/O Late Santu Sahani Resident of village-Ujjain Lohiyar, Singha, Malahi Tola, PS-Harsidhi, District-East Champaran, Motihari.
2.
Vidyalal Sahani S/O Bir Sahani Resident of village-Ujjain Lohiyar, Singha, Malahi Tola, PS-Harsidhi, District-East Champaran, Motihari. 3.
Rajesh Sahani S/O Ramasis Sahani Resident of village-Ujjain Lohiyar, Singha, Malahi Tola, PS-Harsidhi, District-East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Isha Mishra, Adv.
For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-11-2025 Heard Ms. Isha Mishra, learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners apprehend their arrest in connection with Harsidhi P.S. Case No.542 of 2023 registered for the offences punishable under Sections 341, 323, 324, 325, 307 and 504/34 of the Indian Penal Code.
3. Allegedly, on the fateful day, while the informant was returning from the market, in the meanwhile, the petitioners along with others intercepted him and assaulted by means of knife and iron rod, resulting into serious injuries.
4. Learned Advocate for the petitioners primarily
Patna High Court CR. MISC. No.63220 of 2025(3) dt.12-11-2025 2/3 taken this Court through the FIR and contended that admittedly the genesis of the concurrence is a land dispute. Moreover, falsity of the case is writ large for the simple reason that on the alleged date of occurrence, petitioner no.1 was in judicial custody in connection with Harsidhi P.S. Case No.67 of 2023 as he had surrendered on 08.09.2023 and got bail on 13.09.2023. The prosecution case also falls to the ground for the simple reason that the injuries were found to be only abrasion and simple in nature caused by hard and blunt substance. The petitioners though bear criminal antecedent but they are on bail in those cases.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners have actively participated in the crime and assaulted the informant.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the materials available on record, especially the simple nature of injury, coupled with the omnibus allegation, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten
Patna High Court CR. MISC. No.63220 of 2025(3) dt.12-11-2025 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. 1st East Champaran in connection with Harsidhi P.S. Case No.542 of 2023, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) rohit/- U T