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Patna High CourtCR. MISC./3092/2022allowed

Kari Sahni v. The State Of Bihar

2022-07-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3092 of 2022 Arising Out of PS. Case No.-140 Year-2019 Thana- BISHANPUR CHOWK DistrictDarbhanga ====================================================== 1.

Kari Sahni S/O Bhilay Sahani Resident Of Village- Mahnaulli, P.S.- Bishanpur, District- Darbhanga.

2.

Sunil Sahani S/O Umesh Sahani Resident Of Village- Mahnaulli, P.S.- Bishanpur, District- Darbhanga.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 379, 427, 504, 506/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that petitioners is innocent and have been falsely implicated in this case. He submits that after investigation, police has submitted charge-sheet under Sections 341, 323, 354,

Patna High Court CR. MISC. No.3092 of 2022(2) dt.12-07-2022 2/2 379, 427, 504, 506/34 of the IPC and on the basis of chargesheet submitted by the police, the learned court below has taken cognizance against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bishanpur P.S. Case No. 140 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T