Shambhu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3163 of 2022 Arising Out of PS. Case No.-155 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== 1.

SHAMBHU SAHNI Son of Ramchandra Sahni Resident of Village - Deluan, P.S. Paroo, District - Muzaffarpur.

2.

SHYAM BABU SAHNI Son of Shankar Sahni Resident of Village - Deluan, P.S. Paroo, District - Muzaffarpur.

3.

AMOD SAHNI S/o Bhagyanarayan Sahni Resident of Village - Deluan, P.S. Paroo, District - Muzaffarpur.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Singh For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 348, 379, 354B, 504 & 506 of the Indian Penal Code. Petitioners in association of other co-accused is

Patna High Court CR. MISC. No.3163 of 2022(2) dt.12-07-2022 2/3 said to have forcibly entered into the house of the informant. Vinod Sahni on the point of knife tried to molest her younger daughter, whereas Raj Kumar held her legs and they tore her clothes. When she came, she saw that the accused persons were assaulting her elder daughter. People gathered, after the accused escaped from the place of occurrence after snatching cash and gold.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature rather there is specific allegation of overt act against co-accused Vinod Sahni and Raj Kumar. There is inordinate and abnormal delay of four days in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two

Patna High Court CR. MISC. No.3163 of 2022(2) dt.12-07-2022 3/3 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Paroo P.S. Case No.155 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T