← Library
Patna High CourtCR. MISC./7072/2023allowed

Sahil Samrat @ Sahil Kumar @ Sahil Raj v. The State Of Bihar

2023-04-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7072 of 2023 Arising Out of PS. Case No.-546 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

SAHIL SAMRAT @ SAHIL KUMAR @ SAHIL RAJ Son of Kamal Sah R/v- Kapraul Road, Mirchaipatti, P.S.- Sitamarhi, District- Sitamarhi 2.

RONAK SINGH TOOFANI @ RAUNAK KUMAR Son of Late Sanjeev Kumar R/v- Kapraul Road, Mirchaipatti, P.S.- Sitamarhi, District- Sitamarhi 3.

SURAJ RANGWAJ @ SURAJ KUMAR Son of Bhola Sah R/v- Kapraul Road, Mirchaipatti, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 427, 504, 506/34 of the Indian Penal Code.

As per the FIR, while the informant was going to his house, the petitioners abused the informant and also demanded Rangdari of Rs. Two Lacs from him. The petitioner no.2 and 3 inflicted knife blow upon his head with the intention to kill him. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled

Patna High Court CR. MISC. No.7072 of 2023(2) dt.13-04-2023 2/2 against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. He further submits that the injuries are also found to be simple in nature, as apparent from Annexure-2 of the bail application. Petitioner no.1 and 3 has no criminal antecedent whereas petitioner no.2 has two criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as well as considering the nature of injury, 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 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sitamarhi P.S. Case No.546 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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