Ram Chandra Sahani vs The State Of Bihar
2021 Latest Caselaw 4079 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.3316 of 2021
        Arising Out of PS. Case No.-85 Year-2020 Thana- SIDHWALIYA District- Gopalganj
     ======================================================

1. Ram Chandra Sahani, aged about 61 years, Gender-Male, S/O Late Harinandan Sahani

2. Ajay Sahani, aged about 39 years, Gender-Male, S/O Late Deo Narain Sahani

3. Lahawar Sahani, aged about 46 years, Gender-Male, S/O Late Deo Narain Sahani

4. Vinod Sahani @ Vnod Sahani @ Binod Sahani, aged about 41 years, Gender-Male, S/O Late Deo Narain Sahani

5. Ram Ratan Sahani, aged about 56 years, Gender-Male, S/O Late Butan Sahani

6. Kariman Sahani, aged about 40 years, Gender-Male, S/O Late Hari Narain Sahani

7. Vidya Sahani @ Vidyasagar Sahani, aged about 29 years, Gender-Male, S/O Ramchandra Sahani

8. Sanni Deyal @ Sunnydewal Kumar Sahani, aged about 26 years, Gender-

Male, S/O Kariman Sahani

9. Bipin Sahani @ Vipin Sahani, aged about 43 years, Gender-Male, S/O Paras Sahni @ Paras Sahani

10. Raja Babu @ Raja Babu Sahani, aged about 40 years, Gender-Male, S/O Paras Sahni @ Paras Sahani

11. Arun Sahani @ Arun Kumar Sahani, aged about 21 years, Gender-Male, S/O Lahawar Sahani

All resident of Village-Sikatiya P.S. Sidhwalia, District-Gopalganj.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s    :       Mr. Indrajeet Bhushan, Advocate
     For the State           :       Mr. Lalan Kumar, APP

======================================================= CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis Patna High Court CR. MISC. No.3316 of 2021 dt.12-08-2021

of motion slip filed by learned counsel for the petitioners on

05.08.2021, which was allowed.

3. Heard Mr. Indrajeet Bhushan, learned counsel for

the petitioners and Mr. Lalan Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioners apprehend arrest in connection with

Sidhwalia PS Case No. 85 of 2020 dated 18.05.2020, instituted

under Sections 341/323/324/325/307/427/34 of the Indian Penal

Code.

5. The informant, in the FIR, has stated that there is

land dispute between the parties and it is alleged that the

accused had come to the house of the informant and had

assaulted America Sahani and one of the accused inflicted knife

blow in his abdomen due to which he fell down and when other

family members, including females, went to save him, the

accused persons assaulted them due to which they also sustained

injuries and the petitioner no. 2, namely, Ajay Sahani and

petitioner no. 7, namely, Vidya Sahani @ Vidyasagar Sahani

were brandishing countrymade pistol forbidding anyone to

come near. It is further alleged that the Maruti vehicle was also

damaged and the accused ladies also pelted brick-bats from the

house of the petitioner no. 1, Ram Chandra Sahani due to which Patna High Court CR. MISC. No.3316 of 2021 dt.12-08-2021

also other persons had sustained injuries.

6. Learned counsel for the petitioners submitted that

the parties are agnates and as per the FIR itself there is land

dispute. It was submitted that both sides have indulged in a

skirmish for which there is also a counter case, i.e., Sidhwalia

PS Case No. 86 of 2020 filed by the petitioner no. 7 against the

informant and others. Learned counsel submitted that two cases

have been registered at an interval of 10 minutes, though the

information given to the police from the side of the petitioners

was prior in time. Learned counsel submitted that the allegations

are general and omnibus and even with regard to the specific

allegation of assault by knife on the abdomen of one of the

victims, it is not against any of the petitioners as only it has been

stated that "Sahani" had done it without specifying which of the

named accused. It was submitted that the learned Sessions

Judge, Gopalganj in order dated 19.09.2020 passed in ABP No.

730 of 2020, by which prayer for anticipatory bail of the

petitioners along with other co-accused had been rejected, has

noted that after perusal of the injury reports, it appears that all

the injured persons sustained simple injuries. It was submitted

that the petitioners have no other criminal antecedent and

injuries have been sustained by the petitioners' side also.

Patna High Court CR. MISC. No.3316 of 2021 dt.12-08-2021

7. Learned APP submitted that as per the FIR, there is

brutal assault on the informant and others and also knife blow

was inflicted in the abdomen of the victim America Sahani.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, as

there was a fight between agnates and there is a counter case as

also the injuries being simple in nature and persons from both

the sides being injured and there being no criminal antecedent,

the Court is inclined to allow the prayer for pre-arrest bail.

9. Accordingly, in the event of arrest or surrender

before the Court below within six weeks from today, the

petitioners be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) each with two sureties of the

like amount each to the satisfaction of the concerned Judicial

Magistrate 1st Class, Gopalganj in Sidhwalia PS Case No. 85 of

2020, subject to the conditions laid down in Section 438(2) of

the Code of Criminal Procedure, 1973 and further (i) that one of

the bailors shall be a close relative of the petitioners, (ii) that the

petitioners and the bailors shall execute bond and give

undertaking with regard to good behaviour of the petitioners,

and (iii) that the petitioners shall cooperate with the Court and

the police/prosecution. Any violation of the terms and Patna High Court CR. MISC. No.3316 of 2021 dt.12-08-2021

conditions of the bonds or the undertaking or non-cooperation

shall lead to cancellation of their bail bonds.

10. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioners, to the notice of the Court concerned, which shall

take immediate action on the same after giving opportunity of

hearing to the petitioners.

11. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T