CR. MISC./47029/2022 of RAM NATH SAHNI Vs The State of Bihar on 24 December 2022

2

24-12-2022

IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.50886 of 2022

Arising Out of PS. Case No.-100 Year-2021 Thana- JANDAHA District- Vaishali ======================================================

Amresh Sahni @ Amresh Kumar S/o Lalbabu Sahni @ Ashok Aahni, R/ovillage- Soharthi, P.S.- Jandaha, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

======================================================

with

CRIMINAL MISCELLANEOUS No. 47029 of 2022

Arising Out of PS. Case No.-100 Year-2021 Thana- JANDAHA District- Vaishali======================================================Ram Nath Sahni Son of Lalji Sahni, Resident of Village - Soharthi, P.S.-Jandaha, District – Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

======================================================Appearance :(In CRIMINAL MISCELLANEOUS No. 50886 of 2022)For the Petitioner/s: Mrs. Rina Sinha, Adv.For the Opposite Party/s : Mr. Navin Kumar Pandey, APP.(In CRIMINAL MISCELLANEOUS No. 47029 of 2022)For the Petitioner/s: Mr. Dharmendra Kumar Paswan, Adv.For the Opposite Party/s : Mr. Raj Kishor Singh, APP.======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMANORAL ORDER

Let the defect, if any, be removed within two weeks from today.

Heard learned counsels for the petitioners and learnedA.P.Ps. for the State.

The petitioners seek regular bail in connection with Jandaha P.S. Case No. 100 of 2021, lodged under Sections 147, 148, 149, 323, 325, 337, 504, 307 & 506 of the I.P.C. read withSection 27 of Arms Act.

As per prosecution case, the informant disclosed thatdue to some issue a quarrel took place between informant on theone hand and Manoj Sahni on the other hand, subsequentlyManoj Sahni has called 10 to 15 persons in Pethia and assaultedone Dheeraj Kumar, thereafter 10 named accused personsalongwith 200 unknown persons reached there and surroundedthe informant party and assaulted, due to which informant andhis cousin were received injury and anyhow saved their life.

Learned counsel for the petitioner of Cr. Misc. No.50886 of 2022 submits that petitioner is innocent and hascommitted no offence. He further submits that the dispute hasadmittedly taken place between Manoj Sahni and Golu Sahniand others, but not with the present petitioner. He furthersubmits that name of petitioner has only figured in this case butthere is nothing specific made in the F.I.R. He also submits thatantecedent of petitioner is clean, he is in custody since02.06.2022 and charge sheet has already been filed in this case.

Learned counsel for the petitioner of Cr. Misc. No.47029 of 2022 submits that petitioner is innocent and hascommitted no offence. He further submits that there is one ravishankar/- UT

criminal antecedent against the petitioner, in which, he is on bailand he is in custody since 28.05.2022. He also submits that hehas annexed Annexure-2 (injury report) by which it transpiresthat the injury is simple in nature on Vijay Kumar.

Learned counsel for the State opposes the prayer forbail.

In the present facts and circumstances of this case andthe submissions made above, let the petitioners above named, begranted bail on furnishing bail bonds of Rs.30,000/- (RupeesThirty thousand) each with two sureties of the like amount eachto the satisfaction of learned S.D.J.M., Vaishali at Hajipur inconnection with Jandaha P.S. Case No. 100 of 2021, subject tothe conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail applications standallowed.

(Dr. Anshuman, J.)