Rakesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 6635 of 2022 Arising Out of PS. Case No.-235 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== RAKESH SAHNI Son of Sri Kishori Sahni Resident of Village - Harsuwar, P.O.- Hissar, P.S. - Harlakhi, District - Madhubani. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 7328 of 2022 Arising Out of PS. Case No.-235 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== SHARWAN PANDIT SON OF SRI INDAL PANDIT R/O VILLAGEHARSUWAR, P.O.- HISSAR, P.S.- HARLAKHI, DISTRICTMADHUBANI ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 6635 of 2022) For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy (In CRIMINAL MISCELLANEOUS No. 7328 of 2022) For the Petitioner/s :

Mr.Sarva Deo Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as the learned APP for the State.

Patna High Court CR. MISC. No. 6635 of 2022(2) dt.24-08-2022 2/3 The petitioners apprehend their arrest in connection with Harlakhi P.S. Case No. 235 of 2019, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

As per allegation, Mr. Ram Binod Thakur who was father of the informant was badly assaulted by the accused persons named in the FIR and five unknown persons with lathi, iron rod etc. He died during treatment.

The learned counsel for the petitioners has submitted that the informant is not an eye witness. The eye witness is Sukhdeo Ram and he did not name any of the accused persons except petitioner Rakesh Sahni. He has submitted further that the case of petitioner Sharwan Pandit is on similar footing of Kishori Sahni who has been granted anticipatory bail by this Court in Cr. Misc. No. 20801 of 2020.

Considering the above-mentioned facts and circumstances, the anticipatory bail of petitioner Rakesh Sahani is rejected.

So far as petitioner Sharwan Pandit is concerned, let him, in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No. 6635 of 2022(2) dt.24-08-2022 3/3 the like amount each to the satisfaction of learned S.D.J.M., Benipatti, Madhubani in connection with Harlakhi P.S. Case No. 235 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T