Mahavir Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75232 of 2023 Arising Out of PS. Case No.-205 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== 1.
Mahavir Sahani Son Of Late Manjhi Sahani R/O Of Village- Bhangadi Tola, Hiramani, P.S.- Chhauradano, District- East Champaran 2.
Bali Sahani Son Of Mahavir Sahani R/O Of Village- Bhangadi Tola, Hiramani, P.S.- Chhauradano, District- East Champaran ... ... petitioners/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the petitioners/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 308, 354B, 379, 504 of the IPC and later on added Section 307 of the IPC.
3. As per prosecution case, petitioners along with other co-accused persons, variously armed, came at the door of the informant and started assaulting them. Co-accused persons outraged the modesty of informant. Allegation
Patna High Court CR. MISC. No.75232 of 2023(2) dt.29-11-2023 2/3 against the petitioners is that they assaulted informant's sons due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case due to land dispute. There is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. Moreover, petitioners are languishing in judicial custody since 30.07.2023. A Statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Similarly situated co-accused person, Dhan Sundar Sahani has been granted bail by this Court.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.75232 of 2023(2) dt.29-11-2023 3/3 Judicial Magistrate, 1st Class, Raxaul, East Champaran in connection with Chhauradano P.S. Case No. 205 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T