Brajesh Sahni @ Brijesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5519 of 2025 Arising Out of PS. Case No.-281 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== Brajesh Sahni @ Brijesh Sahni S/o Mauje Sahni R/o Village - Ward No 8, Pakridih ,Post- janardanpur, PS- Kalyanpur, Distt- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Kumar, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner apprehends his arrest for an offence punishable under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.
3. As per prosecution case, it is a case of assault and abuse to the informant by the petitioner and other co-accused persons.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. He further submits that there is an inordinate delay of 12 days in lodging of the FIR and there is no explanation from the prosecution. He further submits that there is no specific
Patna High Court CR. MISC. No.5519 of 2025(2) dt.31-01-2025 2/2 allegation against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the petition.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In view of the aforesaid circumstances as well as the fact that there was an inordinate delay of 12 days in lodging of the FIR without any explanation and petitioner has got clean antecedent, so I am inclined to grant anticipatory bail to the petitioner. Let the above named petitioner be released on anticipatory bail, in the event of his arrest or surrender within a period of six weeks from today before the Court below, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistarate, First Class, Samastipur in connection with Kalyanpur P.S. Case No. 281 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ramesh Chand Malviya, J) Harshita/- U T