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Patna High CourtCR. MISC./12055/2024allowed

Ram Nandan Sahni v. The State Of Bihar

2024-03-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12055 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== 1.

Ram Nandan Sahni S/o Late Hari Sahni R/o vill - Gunai Basahi, P.S. - Tajpur, Distt. - Samastipur 2.

Dinesh Sahni Son of Ram Nandan Sahni R/o vill - Gunai Basahi, P.S. - Tajpur, Distt. - Samastipur 3.

Anil Sahni Son of Ram Madan Sahni R/o vill - Gunai Basahi, P.S. - Tajpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP.

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

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

3. Allegedly, all the accused persons including the petitioners are said to have abused and assaulted the informant and his brother brutally with deadly weapons due to which they sustained several injuries. Allegation against petitioner no.3 is to take away golden chain from the possession of the

Patna High Court CR. MISC. No.12055 of 2024(2) dt.12-03-2024 2/3 informant's brother.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and they have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against other co-accused. Both the parties are neighbours and there is admitted land dispute between them. The injury sustained by the injured is simple in nature, which is also evident from Annexure 2. Petitioners have 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 land dispute between the parties and the injury sustained by the injured is simple in nature, 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 lower Court where the case is pending/successor Court

Patna High Court CR. MISC. No.12055 of 2024(2) dt.12-03-2024 3/3 in connection with Tajpur P.S. Case No. 166 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