Ram Babu Sahni Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Iqbal Asif Niazi For the Opposite Party/s : Mr.Anuj Kumar Shrivastava ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 15-09-2025 Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner is apprehending his arrest in connection with Singhwara P.S. Case No. 129 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2), 74, 352, 351(2) of B.N.S, 2023.

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As per prosecution case, petitioner along with other armed with sword, rod, farsa and lathi danda were constructing boundary wall on the disputed land and when same was protested by informant and other, petitioner is said to have abused the informant and gave an order to kill the informant and other. It is further alleged that co-accused, Vinod Yadav, Rakesh Yadav and Rahul Ram caught hold the informant and then coaccused, Karan Sahni, assaulted the informant by means of farsa

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Patna High Court CR. MISC. No. 63754 of 2025(2) dt.15-09-2025 2/4

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as a result of which informant sustained injury on head. It is further alleged that co-accused, Ghanshyam Sahani, assaulted the informant’s brother upon his head by means of iron rod as a result of which victim sustained injury on head. It is further alleged that co-accused, Pawan Sahani, assaulted Fekan Sahani, by means of iron rod as a result of which victim’s finger got fractured..

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Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. There is no specific overt-act of assaulting against the petitioner. The specific allegation is attributed against co-accused Karan Sahni, Ghanshyam Sahani and Pawan Sahani who are said to have assaulted informant and his family members. Petitioner is merely an order giver. There is a case and counter case between both the parties. From the bare reading of the FIR, it appeared that alleged occurrence took place between the parties for property dispute and both parties are descendant of the same family. Partition Suit No. 400 of 2015 has been filed which is pending in the Court of Civil Judge, Senior Division-I, Darbhanga and copy of the same is annexed as Annexure-P/3 of the bail petition. It is further submitted that allegation of

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Patna High Court CR. MISC. No. 63754 of 2025(2) dt.15-09-2025 3/4

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committing offence under Section 74 of B.N.S is against the coaccused Karan Sahani, it is simply an ornamental which appears to be added in the FIR just to make out a case of serious nature. It is further submitted that in cases of civil dispute, facts are generally exaggerated to make the offence graver. Apart from that, petitioner bears criminal antecedent of two cases which was lodged earlier by same prosecution party and petitioner is on bail in one case and in another case matter has been settled and disposed in Lok Adalat on 11.04.2023.

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The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is said to be an order giver and he cannot escape from the allegation made in the FIR.

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Considering the facts and circumstances of the case, there is no specific overt-act against the petitioner, petitioner is merely an order giver, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of

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Patna High Court CR. MISC. No. 63754 of 2025(2) dt.15-09-2025 4/4

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learned A.C.J.M-VII, Darbhanga in connection with Singhwara P.S. Case No. 129 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

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(Alok Kumar Pandey, J)

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vashudha/-

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U T

Ram Babu Sahni v. The State of Bihar

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Ram Babu Sahni v. The State of Bihar

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