Deepak Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11915 of 2024 Arising Out of PS. Case No.-11 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Deepak Sahani Son of Bhulan Sahani R/o vill - Raghunathpur, P.S. - Bhagwanpur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegedly, a dispute was raised between two teams, who were playing Cricket, as a result, they started abusing one another. It is also alleged that fire arm was also used during the course of fighting. Three fired cartridges have been recovered from the place of occurrence.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.11915 of 2024(2) dt.12-03-2024 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. The name of the petitioner has been transpired in the present case merely on the basis of the statement of local Chowkidar. There is no specific overt act against the petitioner. No person was injured in the alleged occurrence. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner and no person got injured in the present case, let the above named petitioner, be released on bail, in the event of his 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) 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 Bhagwanpur P.S. Case No. 11 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T