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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61022 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- MAJHAULIA District- West Champaran ======================================================
1. Vishal Sahni @ Vishal Kumar S/O Chandradeo Sahni R/O Vill.- Jaukatiya, Ward no. 12, P.S.- Majhauliya, Dist.- West Champaran
2. Pawan Kumar Sahni @ Pawan Kumar S/O Late Tarkeshwar Sahni R/O Vill.- Jaukatiya, Ward no. 12, P.S.- Majhauliya, Dist.- West Champaran
3. Hiro Sahni S/O Jamun Sahni R/O Vill.- Jaukatiya, Ward no. 12, P.S.- Majhauliya, Dist.- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 10-09-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail, arises out of Majhauliya Police Station Case No. 103 of 2025, disclosing offences under Sections 329(3), 126(2), 115(2), 118, 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report is that on 03.02.2025 at about 18:00 hours when the informant was having his meal at his home, the F.I.R. named accused persons armed with lathi, danda, farsa and with other weapons arrived, started assaulting his mother, Sobha Devi. Co- accused Chandev Sahani assaulted the informant’s mother with iron rod on her head, causing head injury. It has further been
Patna High Court CR. MISC. No.61022 of 2025(2) dt.10-09-2025 2/3 alleged that petitioner no. 2 and petitioner no. 3 caught hold the informant and attacked with farsa on his head and the right hand. When wife of the informant, namely, Indu Devi came in rescue then Nirmala Devi and petitioner no. 1 assaulted her with farsa on the head.
4. Learned Counsel for the petitioners submit that both the parties are co-villagers and having previous dispute. Majhaulia P.S. Case No. 104 of 2025 has also been filed by the side of the petitioners against the informant and others. The injury sustained by the informant and his wife are simple in nature as would be evident from the impugned order itself. A co- accused Chandev Sahani who assaulted the informant’s mother, causing grievous injury, has been granted regular bail by a Co- ordinate Bench of this Court. Some of the similarly situated co- accused have been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 54093 of 2025 vide
order dated 08.08.2025.
5. Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are co-villagers, having previous dispute, case and counter case is there and the injury sustained by the victims are simple in nature, I am inclined to grant the petitioners privilege
Patna High Court CR. MISC. No.61022 of 2025(2) dt.10-09-2025 3/3 of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhauliya Police Station Case No. 103 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.
Siwani/- (Anil Kumar Sinha, J) U T