Jitendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12583 of 2024 Arising Out of PS. Case No.-474 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Jitendra Sahni, age 32 years, Male, S/O- Undeshar Sahni, R/O VillageBajitpur, PS- Madhuban, District- East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Mukul Kumari, Advocate For the State :

Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Madhuban P.S. Case No. 474 of 2023 instituted for the offence under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

3.

Prosecution case in short is that informant was assaulted by co-accused persons including the petitioner by means of iron rod.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-12-2023. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.12583 of 2024(2) dt.01-03-2024 2/2 case. There is inordinate delay of 5 days in lodging of the FIR. Nothing has been recovered from the conscious possession of the petitioner. From perusal of the impugned order, it would reveal that injury is caused by hard and blunt object, which does not support the allegation against the petitioner. There is no specific allegation attributed to the petitioner. There is general and omnibus allegation against the petitioner. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhuban P.S. Case No. 474 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T