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Patna High Court

Amarnath Kumar @ Amarnath Kumar Sahahi @ Amarnath SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioners, subject to specified conditions.

Summary

The petitioners, Amarnath Kumar and Mukesh Sahani, sought anticipatory bail in a case arising from a land dispute where they were alleged to have participated in an unlawful assembly and committed offences under several sections of the Indian Penal Code, including assault, robbery and criminal intimidation. The prosecution alleged that the accused, armed with weapons, attacked the informant Lalan Pandit and his family, causing injuries and stealing property. The petitioners contended they were innocent, that the injuries were superficial, and that the incident stemmed from a land dispute between agnates. The court, noting the nature of the injuries and the dispute, decided to grant anticipatory bail subject to conditions, including a bail bond of Rs.10,000 with two sureties and a relative as one bailor. The order directs that the bail be effected upon arrest or surrender within four weeks, subject to the satisfaction of the Additional Chief Judicial Magistrate, Siwan.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious nature of the alleged offences under the IPC.
  • Whether the nature of injuries and the underlying land dispute justify the exercise of the High Court's inherent powers under Section 482 of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • Indian Penal Code
  • Criminal Procedure Code
  • Section 482
  • High Court
  • bail conditions
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22135 of 2026
                    Arising Out of PS. Case No.-155 Year-2024 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
           1.     Amarnath Kumar @ Amarnath Kumar Sahahi @ Amarnath Sahani Son of
                  Sajawal Sahani Resident of Village- Jagdishpur, P.S.- Maharajganj, District-
                  Siwan (Bihar)
           2.    Mukesh Sahani Son of Ram Lagan Sahani Resident of Village- Jagdishpur,
                 P.S.- Maharajganj, District- Siwan (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raghav Prasad
                 For the Opposite Party/s :      Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Maharajganj P.S. Case No. 155 of 2024 for the

                   offence under Sections 147, 323, 341, 324, 307, 379, 504, 506

                   and 34 of Indian Penal Code.

                                3. The prosecution case, in brief, is that the informant,

                   namely Lalan Pandit, is the rightful owner and in peaceful

                   possession of land appertaining to Khata No. 10, Survey No.

                   173 and Khata No. 142, Survey No. 172, having a total area of 5

                   Katha 13 Dhur. On 26.04.2024 at about 12:15 a.m., all the F.I.R.

                   named accused persons along with 7–8 unknown persons,
Patna High Court CR. MISC. No.22135 of 2026(2) dt.08-04-2026
                                            2/3




          forming an unlawful assembly and armed with deadly weapons

          such as lathi, rod, axe, and other weapons, came to the land of

          the informant with the common intention of forcibly

          dispossessing him. When the informant and his cousin Ajay

          Pandit protested and questioned their acts, the accused persons,

          assaulted them with iron rods, causing injuries on their heads.

          Other accused persons also assaulted the female members of the

          informant’s family and used abusive and threatening language,

          asked them to vacate the land or face dire consequences. During

          the course of the occurrence, the accused persons also snatched

          gold chains from the necks of the informant and Ajay Pandit.

                       4. Learned counsel for the petitioners submits that the

          petitioners are quite innocent and they have committed no

          offence. The petitioners and informant are agnates and there is

          an admitted land dispute between both the parties. The alleged

          occurrence took place due to land dispute and both parties

          received simple injuries. There is general and omnibus

          allegation against all the accused persons including the present

          petitioners that they have abused and threatened the informant

          and his family members and took three quintals of wheat.

          Learned counsel further submits that injury report has been

          annexed as Annexure -2 which shows that injured has received
           Patna High Court CR. MISC. No.22135 of 2026(2) dt.08-04-2026
                                                       3/3




                     superficial injuries and doctor has found the injuries as simple in

                     nature.

                                  5. Learned APP opposes the prayer for bail.

                                  6. Keeping in view the aforesaid facts, nature of

                     injury and land dispute between both the parties, this Court is

                     inclined to extend them the privilege of anticipatory bail.

                                  7. Let the petitioners be released on bail in the event

                     of arrest or surrender within a period of four weeks from the

                     date of receipt of this order, on furnishing bail bond of Rs.

                     10,000/- (Ten thousand) each with two sureties of like amount

                     each to the satisfaction of learned Additional Chief Judicial

                     Magistrate, II, Siwan, in connection with Maharajganj P.S. Case

                     No. 155 of 2024 subject to the conditions as laid down under

                     Section 482 of B.N.S.S., as also with the condition that one of

                     the bailors should be close relative of the petitioner.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U      T


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