Arun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5563 of 2023 Arising Out of PS. Case No.-97 Year-2018 Thana- BIRAUL District- Darbhanga ====================================================== 1.

ARUN SAHNI SON OF LATE PARMESHAR SAHNI R/O SUPAUL BAZAR, P.S.- BIRAUL, DISTRICT- DARBHANGA 2.

SHANKAR SAHNI @ SHANKAR KUMAR SAHNI SON OF LATE PARMESHAR SAHNI R/O SUPAUL BAZAR, P.S.- BIRAUL, DISTRICTDARBHANGA 3.

NITISH KUMAR SAHNII SON OF ARUN KUMAR SAHNI R/O SUPAUL BAZAR, P.S.- BIRAUL, DISTRICT- DARBHANGA 4.

ANJU DEVI WIFE OF ARUN SAHNI R/O SUPAUL BAZAR, P.S.- BIRAUL, DISTRICT- DARBHANGA 5.

ARTI DEVI WIFE OF SHANKAR KUMAR R/O SUPAUL BAZAR, P.S.- BIRAUL, DISTRICT- DARBHANGA 6.

URMILA DEVI WIFE OF RAMESHWAR SAHNI R/O SUPAUL BAZAR, P.S.- BIRAUL, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Prasad Yadav, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

Allegedly, the petitioners are said to have abused and assaulted the informant brutally. Petitioner no.1 gave Paghariya blow on the head of the informant, as a result of which he

Patna High Court CR. MISC. No.5563 of 2023(3 ) dt.19-06-2023 2/3 sustained head injury, whereas the wife of accused Shankar Sahni gave iron rod blow to informant and took Rs. 800/- from his pocket.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Both the parties are agnates. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. This case is counter blast of Biraul P.S. Case No. 96 of 2018. Both sides have sustained injuries. As per the injury report, the injury sustained by the victim is simple in nature, which is also mentioned in Para 12 of the bail application. Petitioner no.2 has one criminal antecedent, whereas rest of the petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the nature of the injury, 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.

Patna High Court CR. MISC. No.5563 of 2023(3 ) dt.19-06-2023 3/3 like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Biraul P.S. Case No. 97 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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