Dharmveer Sahni @ Dharmveer Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16355 of 2021 Arising Out of PS. Case No.-741 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== DHARMVEER SAHNI @ DHARMVEER KUMAR SON OF SIKANDAR SAHNI @ SIKENDRA SAHNI R/o village- Ramtola-Kothiya, P.S.- Khagaria (Mufassil), District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishweshwar Ram, Advocate For the Opposite Party/s :
Mr. A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Khagaria (Mufassil) P.S. Case no. 741 of 2019, G.R. No. 2895 of 2019 instituted for the offence under Sections 341, 323, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.16355 of 2021(3) dt.11-01-2022 2/3 As per allegation in the FIR, over a trivial dispute coaccused Ashok Kumar fired at the informant with intention to kill him which hit his right leg and he fell down. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. There is no specific allegation against this petitioner of firing rather the specific allegation is against co-accused Ashok Kumar. General and omnibus allegations have been levelled against the petitioner. From para no. 24 of the case diary, Md. Rabban who has also sustained fire arm injury has stated that he was taking food along with co-accused Manish Yadav, Mithilesh Yadav(injured) and the petitioner, when the bullet was fired but he was not able to see that who made fire as they all were in intoxicated condition. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Khagaria (Mufassil) P.S. Case no. 741 of
Patna High Court CR. MISC. No.16355 of 2021(3) dt.11-01-2022 3/3 2019, G.R. No. 2895 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T