Shambhu Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87307 of 2025 Arising Out of PS. Case No.-182 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== 1.
Shambhu Sahani S/O Late Bangali Sahani R/O Village- Chailaha, Lal, Ward No. 13, P.S- Bajariya, Distt.- East Champaran. 2.
Satyanarayan Sahani S/O Dhanayi Sahani R/O Village- Chailaha, Lal, Ward No. 13, P.S- Bajariya, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar, Advocate.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2026
1. 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 190, 191(2)(3), 115(2), 118(1), 303(2), 324(2), 326(g), 352, 351(2)
(3) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 22-07-2024 at 7 PM, she heard hulla, accordingly came out of the house and saw the named accused persons including the petitioners along with 200 unknown accused
2/4 persons, further on orders of Bhagirath, accused persons entered the shop and looted articles worth Rs. 50 lacs and even assaulted her father-in-law, thereafter Ajay, Sonalal and Pradip entered her house and took ornaments worth Rs. 7 lacs along with LIC policy, while Prabhu, Jay Prakash, Shatrughan, Sunil and Suresh looted four laptops and pen-drive worth Rs. 2 lacs and the accused persons set the shop on fire causing loss of Rs. 1 crore and also set ablaze five motorcycles, it is next alleged that there is a land dispute with her cousin father-in-law, Raj Kumar, and the occurrence was committed at his behest, further that Shambhu Sahani, Prayag Sahani and Meghnath Sahani took away the buffalo and two cows worth Rs.2 lacs.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that if the accused persons were interested in committing loot, in that event, 200 unknown accused would not have come to the place of occurrence. It is further submitted that issue was something else but then the informant very wisely instituted the instant FIR implicating the accused persons including the petitioners. It is further submitted that Suresh instituted Banjariya PS case No. 170 of 2024 alleging that son of the present informant fired at Naresh
3/4 causing injury on head leading to his death, as such the instant FIR is a counter-blast. It is also submitted that the date of occurrence is 22-07-2024 and the FIR came to be instituted on 26-07-2024, i.e., after a delay of four days. It is also submitted that the instant case has been instituted only with a view to coerce the accused persons into submission so that they do not pursue Banjariya PS Case No. 170 of 2024. It is further submitted that as far as petitioners are concerned, the allegation against petitioner no.1 is that he along with other named accused persons took away the buffalo along with two cows worth Rs.2 lacs and as far as petitioner no.2 is concerned, no specific allegation is alleged against him.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M.,East Champaran, Motihari. in connection with Banjariya P.S. Case No. 182 of 2024, subject to the conditions as laid
4/4 down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J) amit/- U T