Patna High Court
Dinesh Sahani vs The State Of Bihar on 23 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56272 of 2022
Arising Out of PS. Case No.-486 Year-2022 Thana- MOTIHARI MUFASIL District- East
Champaran
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1. Dinesh Sahani, aged about 54 years (M) son of Nathuni Sahani
2. Ajay Sahani, aged about 25 years (M) Son of Dinesh Sahani
Both Residents Of Village- Tharghatwa Dhab Tola, P.S.- Muffasil Motihari,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the State : Mr. Ganesh Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 23-12-2022
The matter has been heard through video conferencing.
2. Heard Mr. Abhishek Kumar, learned counsel for the
petitioners and Mr. Ganesh Prasad Singh, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
3. The petitioners are in custody in connection with
Muffasil PS Case No. 486 of 2022 dated 05.07.2022 instituted
under Sections 341, 323, 379, 307, 354A, 504 and 34 of the Indian
Penal Code.
Patna High Court CR. MISC. No.56272 of 2022 dt.23-12-2022
4. The allegation against the petitioners is that petitioner
no. 1 had given farsa blow on the head whereas petitioner no. 2 is
said to have tied rope in the neck of the wife of the informant.
5. Learned counsel for the petitioners submitted that
petitioner no. 1 is the full brother of the informant and petitioner
no. 2 is the son of petitioner no. 1 and the dispute relates to land
partition due to which the incident occurred and there is also a
counter case for the same incident. Learned counsel submitted that
the injury report of the informant shows only one lacerated wound
on the parietal region caused by hard blunt substance and the
doctor has opined it to be simple in nature. It was submitted that
the petitioners having no criminal antecedent are in custody since
07.07.2022.
6. Learned APP submitted that the petitioner no. 1 has
inflicted farsa blow. However, it was not controverted that there is
only one wound found caused by hard blunt substance and the
same is simple in nature.
7. Having considered the submissions of learned counsel
for the parties and taking into account that the petitioners having
no criminal antecedent being agnates and the wound is simple in
nature caused by hard blunt substance, the Court is inclined to
allow the prayer for bail.
Patna High Court CR. MISC. No.56272 of 2022 dt.23-12-2022
8. Accordingly, let 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 learned Chief Judicial Magistrate, Motihari, East
Champaran in Muffasil PS Case No. 486 of 2022, subject to the
conditions that one of the bailors shall be a close relative of the
petitioners. The petitioners and the bailors shall execute bond with
regard to good behaviour of the petitioners. Any violation of the
terms and conditions of the bonds shall lead to cancellation of
their bail bonds.
9. The application stands allowed in the aforementioned
terms.
(Ahsanuddin Amanullah, J)
P. Kumar
AFR/NAFR
U
T
