Mahesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8539 of 2023 Arising Out of PS. Case No.-224 Year-2020 Thana- LAURIA District- West Champaran ====================================================== MAHESH SAHNI S/O BANNU SAHNI Resident of Village- Gavnaha, Basvariya, Devraj, P.S.- Lauriya, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.
This is an application for grant of anticipatory bail in connection with Lauriya P.S. Case No.224 of 2020, registered for offences under Sections 147, 148, 149, 323, 324, 325, 307, 379, 504 and 506 of the IPC.
The allegation is regarding ten FIR named accused persons, including the petitioner herein having had an altercation with the informant and his family members on account of dispute having arisen due to quarrel in between the children. It is also alleged that the accused
Patna High Court CR. MISC. No.8539 of 2023(2) dt.18-05-2023 2/3 persons had assaulted the informant and his family members after arriving at the house of the informant, resulting in them sustaining injuries. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against the petitioner and he has not been alleged to have engaged in any specific overt act as also injury, if any, found on the injured persons have been found to be simple in nature. Lastly, it is submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail vide order dated 07.04.2023, passed in Cr.Misc No.5254 of 2023, by a coordinate Bench of this Court. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the
Patna High Court CR. MISC. No.8539 of 2023(2) dt.18-05-2023 3/3 submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and an omnibus allegation has been levelled against the petitioner and he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Class, Bettiah, West Champaran in connection with Lauriya P.S. Case No.224 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) kanchan/Saurav U T