IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75305 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== 1. Ravindra Sahani @ Rabindra Kumar Sahani S/o Asarfi Sahani Resident of Village- Savangiya (Sawangiya) Malahi Tola, Police Station- Madhuban, District- East Champaran at Motihari 2. Baiju Sahani S/o Late Ramawatar Sahani @ Late Avtar Sahani Resident of Village- Savangiya (Sawangiya) Malahi Tola, Police Station- Madhuban, District- East Champaran at Motihari 3. Dinesh Sahani S/o Jagarnath Sahani Resident of Village- Savangiya (Sawangiya) Malahi Tola, Police Station- Madhuban, District- East Champaran at Motihari 4. Manohar Sahani S/o Late Ram Jiwan Sahani Resident of Village- Savangiya (Sawangiya) Malahi Tola, Police Station- Madhuban, District- East Champaran at Motihari 5. Munna Sahani @ Mukesh Kumar S/o Late Virchand Sahani Resident of Village- Savangiya (Sawangiya) Malahi Tola, Police Station- Madhuban, District- East Champaran at Motihari 6. Vikram Sahani @ Vikram Kumar S/o Shivraj Sahani Resident of Village- Savangiya (Sawangiya) Malahi Tola, Police Station- Madhuban, District- East Champaran at Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar, Adv For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 06-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Madhuban P.S. Case No. 104 of 2024 dated 12.03.2024 registered for the offences punishable u/ss 147, 148, Patna High Court CR. MISC. No.75305 of 2024(2) dt.06-02-2025 2/4 149, 341, 323, 324, 307, 447, 448, 436, 379, 427, 504 and 506 read with Section 34 of the Indian Penal Code. 3. As per the prosecution case, when the informant was sitting at her door, in the meantime, the petitioner and the co-accused persons holding lathi, danda, bhala, farsa and sword came and started abusing her. When the informant’s husband and her bhaisur opposed then all the accused persons started assaulting them with lathi, bhala and farsa. The co-accused Vijay Sahani assaulted the informant’s bhaisur with sword due to which, he sustained injury in his hand. When the informant’s husband and her bhaisur went to rescue then the co-accused, Kapil Sahani assaulted them due to which the informant sustained injury in her right hand and her husband sustained injury in his left hand and they fainted. When the informant’s mother-in-law and father-in-law came to rescue them then Ravindra Sahani (petitioner no. 1) assaulted them with sword due to which they also sustained injuries. Thereafter, the accused persons trespassed upon her house and set the house on fire and also assaulted the brother-in-law of the informant. The petitioners assaulted Shambhu Sahani with farsa due to which he sustained injury in his arm. The accused persons also looted the informant’s house and sabotaged the house. Patna High Court CR. MISC. No.75305 of 2024(2) dt.06-02-2025 3/4 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. There is general and omnibus allegation against the petitioners. There is admitted land dispute between the parties. It is further submitted that there is case and counter case between the parties. Learned counsel has further submitted that the allegation of assaulting mother-in-law and father-in-law of the informant with sword due to which they sustained injuries is against the petitioner no. 1 but from perusal of the injury report, it appears that the injury is simple in nature caused by hard and blunt substance. The other co-accused person has already been granted regular bail by this court vide order dated 12.09.2024 passed in Cr. Misc. No. 61961 of 2024. The petitioners have two antecedents as stated in para 3 of the bail petition. 5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. Patna High Court CR. MISC. No.75305 of 2024(2) dt.06-02-2025 4/4 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Madhuban P.S. Case No. 104 of 2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 7. This application stands allowed. Jyoti/- (Chandra Prakash Singh, J) U T