Teras Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78779 of 2023 Arising Out of PS. Case No.-244 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== 1.

Teras Sahani Son Of Late Manejar Sahani Resident Of Village - Jagdishpur, Nawka Tola, Ps- Nautan (Jagdishpur), Distt- West Champaran 2.

Rudal Sahani Son Of Late Manejar Sahani Resident Of Village - Jagdishpur, Nawka Tola, Ps- Nautan (Jagdishpur), Distt- West Champaran 3.

Bigu Sahani Son Of Late Manejar Sahani Resident Of Village - Jagdishpur, Nawka Tola, Ps- Nautan (Jagdishpur), Distt- West Champaran 4.

Mahanth Sahani Son Of Late Mahanth Sahani Resident Of Village - Jagdishpur, Nawka Tola, Ps- Nautan (Jagdishpur), Distt- West Champaran 5.

Bhola Kumar Son Of Krishna Sahani Resident Of Village - Jagdishpur, Nawka Tola, Ps- Nautan (Jagdishpur), Distt- West Champaran 6.

Jhakkar Sahani Son Of Late Asharfi Sahani Resident Of Village - Jagdishpur, Nawka Tola, Ps- Nautan (Jagdishpur), Distt- West Champaran 7.

Ramtapasya Sahani @ Ramtapasya Kumar Sahani Son Of Sri Jhakkar Sahani Resident Of Village - Jagdishpur, Nawka Tola, Ps- Nautan (Jagdishpur), Distt- West Champaran 8.

Amitabh Bachchan Sahani Son Of Jhakkar Sahani Resident Of Village - Jagdishpur, Nawka Tola, Ps- Nautan (Jagdishpur), Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, and 504 of the Indian Penal Code.

3. As per the F.I.R., allegation against all the F.I.R. named

Patna High Court CR. MISC. No.78779 of 2023(2) dt.11-12-2023 2/3 persons have assaulted the informant and his uncle and cousin by means of lathi, iron rod, sword, knife, farsa and country made pistol.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners are quite innocent and have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that injury of the injured persons have found simple in nature. Both the parties have received injury. There is specific allegation against the petitioner nos. 1, 5 and 7 have assaulted the injured person and injury is found simple in nature. There is no specific overt act against the petitioners no. 2, 3, 4, 6 and 8. He further submits that it is a case and counter case between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. Having regard to the facts and circumstances of the case, considering the injury is found simple in nature, let the above named petitioners, be released on bail, in the event of his arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.78779 of 2023(2) dt.11-12-2023 3/3 period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nautan (Jagdishpur) P.S. Case No. 244 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) annpurna/- U T