Gopal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66628 of 2025 Arising Out of PS. Case No.-1386 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.
Gopal Sahani Son of Reejhan Sahani @ Rijhan Sahani Resident of village - Banarjhula, Bhagwanpur, P.S.- Pakaridayal, District - East Champaran. 2.
Toofani Sahani Son of Gopal Sahani Resident of village - Banarjhula, Bhagwanpur, P.S.- Pakaridayal, District - East Champaran. 3.
Reejhan Sahani Son of Late Ramratan Sahani Resident of village - Banarjhula, Bhagwanpur, P.S.- Pakaridayal, District - East Champaran. 4.
Shruti Devi Wife of Siyaram Sahani Resident of village - Banarjhula, Bhagwanpur, P.S.- Pakaridayal, District - East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Munnilal Sahani Son of Late Deodhari Sahani Resident of village - Banarjhula, Bhagwanpur, P.S.- Pakaridayal, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-09-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners apprehend their arrest in connection with Complaint Case No.1386 of 2023, wherein cognizance has been taken for the offences punishable under Sections 379, 420, 467, 468, 504 and 506 of the Indian Penal Code.
3. Allegedly, while the complainant was sitting at his door, in the meanwhile, all the accused persons variously armed came there and started abusing. There is allegation against co-
Patna High Court CR. MISC. No.66628 of 2025(2) dt.17-09-2025 2/3 accused Prabhavati Devi of catching hold of the complainant and thereupon others brutally assaulted him. The petitioners and others took away the valuables of the complainant. Besides, the aforesaid allegation, it is also alleged that the accused persons conspiring with each other executed a fake registered sale deed with respect to the complainant's property.
4. Learned Advocate for the petitioners contended that from the narrations made in the complaint, it would be evident that there is a land dispute between the parties; moreover, the parties are none-else but their own agnates. Taking note of the aforesaid fact, the learned co-ordinate Bench of this Court has allowed the privilege of anticipatory bail to some of the accused persons in Cr. Misc. No.43983 of 2025 vide order dated 24.07.2025. He further drew the attention of this Court to the solemn affirmation of the complainant and submitted that there is no specific allegation against these petitioners, rather omnibus allegation has been levelled against all, only in order to mount pressure upon them.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the omnibus nature of allegation as also the solemn affirmation
Patna High Court CR. MISC. No.66628 of 2025(2) dt.17-09-2025 3/3 of the complainant, coupled with the genesis of the occurrence as also the fact that others have been allowed the privilege of anticipatory bail, 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 thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-8th, Motihari, East Champaran in connection with Complaint Case No.1386 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