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2026 DAILYLAW 25808 (PAT)

Dharambir Sahani @ Dharmveer Sahani v. The State of Bihar

CR. MISC./44708/2026 · 2026-07-15

Ranjan Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44708 of 2026 Arising Out of PS. Case No.-151 Year-2026 Thana- PIPRA District- East Champaran ====================================================== 1. Dharambir Sahani @ Dharmveer Sahani S/o Patiram Sahani Resident of village - Chakaniya, P.S.- Pipra, Distt.- East Champaran 2. Jitendra Sahani @ Jitendra Kumar S/o Patiram Sahani Resident of village - Chakaniya, P.S.- Pipra, Distt.- East Champaran 3. Patiram Sahani S/o Late Bahadur Sahani Resident of village - Chakaniya, P.S.- Pipra, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 2 15-07-2026 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. 2. The petitioners are apprehending their arrest in connection with Pipra P.S. Case No. 151 of 2026 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 76, 303(2), 3(5) of the BNS. 3. The allegation against the petitioners is that they started constructing phoos house on the land of the informant and on protest, all the petitioners armed with khanti, farsa and lathi started assaulting them. Dharambir Sahani, petitioner No.1 Patna High Court CR. MISC. No.44708 of 2026(2) dt.15-07-2026 2/3 assaulted him, as a result of which his left hand got fractured. Jitendra Sahani, petitioner No.2 assaulted Nagendra Sahani with farsa and Manju Devi assaulted informant’s wife by catching her hair. Seema Devi assaulted informant’s daughter with lathi. 4. Learned counsel appearing on behalf of the petitioners submits that petitioner No. 1 namely Dharambir Sahani, is alleged to have assaulted the informant by means of a khanti and there is no overt act attributed against petitioner No. 3, namely Patiram Sahani. He further submits that petitioner No. 2, namely Jitendra Sahani, is alleged to have assaulted the informant's brother by means of a farsa on the head, but the injury sustained is simple in nature. 5. Learned APP opposed the prayer of anticipatory bail. 6. Considering the rival submissions and keeping in view, the criminal antecedents of petitioner No.2, namely Jitendra Sahani, this court is not inclined to grant anticipatory bail to petitioner No.2. 7. As far as petitioner Nos. 1 and 3 are concerned, petitioner No.1 has assaulted on non-vital part of the body of informant and there is no specific overt act against the petitioner No.3. Accordingly, above named petitioner Nos. 1 Patna High Court CR. MISC. No.44708 of 2026(2) dt.15-07-2026 3/3 and 3 in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, are directed to be released on anticipatory bail furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned concerned Court, Motihari where the case is pending in connection with Pipra P.S. Case No. 151 of 2026 subject to the conditions as laid down under Section 482(2) of the BNSS. rishabh/- (Ranjan Kumar Jha, J) U T