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

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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

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Appearance :

For the Petitioner/s

:

Mr. Indrajeet Bhushan, Advocate

For the State

:

Mr. Lalan Kumar, APP

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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

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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

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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 t