Baiju Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7835 of 2025 Arising Out of PS. Case No.-1164 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== 1.
Baiju Sahni Son of Late Baleshwar Sahni Resident of Mohalla -Gur ki Mandi, Arfabad Colony, Park Road No 10, PS -Alamganj District -Patna 2.
Parwati Devi Wife of Baiju Sahni Resident of Mohalla -Gur ki Mandi, Arfabad Colony, Park Road No 10, PS -Alamganj District -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Arvind Kumar Pradhan, Advocate For the State :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302, 34 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, informant, namely Suraj Kumar, alleged that on 21.12.2023 at about 9 AM, while his elder brother, namely Bhakt Prahlad, was returning home after dropping his nephew at school, in the meantime, co-accused Triloki Kumari and Ramu Kumar @ Karan Kumar intercepted him on account of prior dispute and on the instigation of coaccused Ramu Kumar, co-accused Triloki Kumar opened fire which hit head of brother of informant and during course of
Patna High Court CR. MISC. No.7835 of 2025(2) dt.27-03-2025 2/3 treatment, he succumbed to the injuries. It is alleged that these two petitioners demanded extortion money from brother of informant and on refusal, all the accused persons, in conspiracy, killed him.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that it was co-accused Triloki Kumar who fired on the head of deceased with a country made pistol causing his death. These two petitioners have falsely been implicated in this case merely because they happen to be parents of co-accused Triloki Kumar and Ramu Kumar. Petitioners are only alleged to be conspirators of the crime and there is no allegation of assault against these petitioners. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the nature of accusation, the fact that these petitioners are not the assailant of the deceased and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
Patna High Court CR. MISC. No.7835 of 2025(2) dt.27-03-2025 3/3 a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Patna City in connection with Alamganj P.S. Case No. 1164 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T