Surendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76905 of 2023 Arising Out of PS. Case No.-583 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Surendra Sahni Son Of Late Nathuni Sahni Resident Of Village - Machachan, P.S. - Muffasil, District - East Champaran 2.

Jagat Lal Sahni Son Of Late Nathuni Sahni Resident Of Village - Machachan, P.S. - Muffasil, District - East Champaran 3.

Saheb Kumar Son Of Late Shivnath Sahni Resident Of Village - Machachan, P.S. - Muffasil, District - East Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Muffasil P.S. case No. 583 of 2023 instituted for the offences under Sections 147, 149, 341, 323, 325, 307, 354 and 504 of the Indian Penal Code..

3. Prosecution allegation, in short, is that the the accused persons came to the house of the informant and assaulted her due to which informant sustained injury.

4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 17.08.2023 and have no criminal antecedent. The petitioners have falsely been

Patna High Court CR. MISC. No.76905 of 2023(2) dt.04-12-2023 2/2 implicated in the present case. Learned counsel for the petitioners submits that there is land dispute between the parties. Both the parties are gotiyas and on-door neighbour. There is a case and counter case between the parties. The injury on the accused side has not been explained by the prosecution.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. case No. 583 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T