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2025 DAILYLAW 72403 (PAT)

Santosh Sahani @ Santosh Kumar Sahani v. The State of Bihar

CR. MISC./62320/2025 · 2025-09-10

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62320 of 2025 Arising Out of PS. Case No.-128 Year-2024 Thana- BISFI District- Madhubani ====================================================== 1. Santosh Sahani @ Santosh Kumar Sahani S/O Late Shital Sahani R/O Village - Bhatraghat, , P.S.- Bisfi , District - Madhubani 2. Arun Sahani S/O Ramprit Sahani @ Ramrit Sahani R/O Village - Bhatraghat, , P.S.- Bisfi , District - Madhubani 3. Shankar Sahani S/O Ramprit Sahani @ Ramrit Sahani R/O Village - Bhatraghat, , P.S.- Bisfi , District - Madhubani 4. Mangnu Sahani S/O Ramprit Sahani @ Ramrit Sahani R/O Village - Bhatraghat, , P.S.- Bisfi , District - Madhubani 5. Sunil Sahani S/O Late Shital Sahani R/O Village - Bhatraghat, , P.S.- Bisfi , District - Madhubani 6. Ramprit Sahani @ Ramrit Sahani S/O Late Mahaveer Sahani R/O Village - Bhatraghat, , P.S.- Bisfi , District - Madhubani 7. Kishan Sahani @ Kisan Kumar S/O Mangnu Sahani R/O Village - Bhatraghat, , P.S.- Bisfi , District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Gagan Deo Yadav, Advocate Mr. Vinod Kumar, Advocate Mr. Rajesh Kumar, Advocate For the State : Mr. Jarkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 10-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 380, 452, 457, 324, 325, 435, 427, 384, 386, 307, 354B and 34 of the Indian Penal Code. 3. As per prosecution case, it is alleged that all 17 Patna High Court CR. MISC. No.62320 of 2025(2) dt.10-09-2025 2/3 named accused persons, including these petitioners, assaulted informant and his family members. It is further alleged that all the accused persons also outraged the modesty of female family members of the informant. 4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, dispute over path way let to maar-peet in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Rest of the allegations are ornamental in order to make the case grave. Petitioner claims clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed. 7. Accordingly, in the event of arrest/surrender within Patna High Court CR. MISC. No.62320 of 2025(2) dt.10-09-2025 3/3 a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Benipatti, Madhubani in connection with Bisfi P.S. Case No. 128 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T