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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3313 of 2025 Arising Out of PS. Case No.-76 Year-2024 Thana- Jagdishpur District- West Champaran ======================================================
1. Manoj Sahani Son of Banshi Sahani Resident of Village - Jhakhara, Ward No. 2, P.S. - Jagdishpur, District - West Champaran
2. Shiv Sahani Son of Late Jhajhu Sahani @ Late Jhannu Sah Resident of Village - Jhakhara, Ward No. 2, P.S. - Jagdishpur, District - West Champaran
3. Ranu Sahani Son of Shiv Sahani Resident of Village - Jhakhara, Ward No. 2, P.S. - Jagdishpur, District - West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s : Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 20-02-2025
1. 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 Jagdishpur Police Station Case No. 76 of 2024, dated 18.08.2022, disclosing offences under Sections 115(2)/329(3)/324(5)/308(5)/119(1)/351(2)/352 of the Indian Penal Code. 3. The prosecution case, as per the First Information Report, is that on 09.08.2024, in the morning, the informant was at his field at Mauja Jhakhara bearing Khata No. 123, Plot No. 98 admeasuring 15 Katha 16 Dhurs, Khata No. 275,
Patna High Court CR. MISC. No.3313 of 2025(2) dt.20-02-2025 2/3 Plot No. 66 admeasuring 07 Katha, 9 Dhurs, and 10 Dhurki and Khata 123 Khesra 60 admeasuring 07 Katha 16 Dhur where the mango orchard is situated and saw that the petitioners, along with other accused persons, were cutting the sugar cane crop of the informant and their cattle were grazing in the field. The informant also saw that the petitioners were plucking mangoes and sugar cane damaging the sugar cane crop of worth Rs. 2,50,000/- and mangoes of worth Rs. 50,000/-. When the informant protested, the accused persons abused him and the co-accused Butai Sahani demanded rangdari from the informant and threatened him of his life. The petitioner no. 3 also threatened the informant that if the case is lodged the consequence would be disastrous. 4. Learned counsel for the petitioners submits that there is land dispute between the petitioners and the informant.
He next submits that no specific allegation has been alleged against the petitioners and the allegation of threatening and demanding rangdari is against Butai Sahani, who was arrested and was granted regular bail. The occurrence has taken place on 09.08.2024, but the First Information Report has been lodged on 18.08.2024
Patna High Court CR. MISC. No.3313 of 2025(2) dt.20-02-2025 3/3 after delay of nine days. He further submits that the specific allegation is against the petitioner no. 3 that he threatened the informant not to lodge any case. The petitioners are having no criminal antecedents. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is land dispute between the parties, I am inclined to grant the petitioners privilege 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 Jagdishpur Police Station Case No. 76 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T