Kailash Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9580 of 2025 Arising Out of PS. Case No.-97 Year-2022 Thana- SINGHWARA District- Darbhanga ====================================================== Kailash Sahni, Male, aged about 26 years, S/o Juge Sahani, R/o VillageSanahpur Buzurg, P.S- Singhwara, Distt- Darbhanga ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Girish Chandra Jha, Advocate For the Opposite Party :
Mrs. Pushpa Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Singhwara P.S. Case No. 97 of 2022 dated 01.06.2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354B, 380, 427 and 452 of the I.P.C. Later on, Section 302 of the I.P.C. was also added.
3. As per the prosecution case, the petitioner and the co-accused persons holding knife, pistol and iron fighter entered the house of the informant and the co-accused Pradeep Sahni
2/4 assaulted the informant's father with the butt of the pistol and the co-accused Ranjeet Sahni also assaulted on the head of his father with iron rod causing injury. When the informant came to rescue his father, he was also assaulted by the co-accused Ranjeet Sahni with iron rod on his head. When the mother of the informant Anita Devi came to rescue, her clothes were torn by the co-accused Satto Sahani. It is further alleged that the coaccused Ajay Sahni having iron rod in his hand and the coaccused Shibbu Sahani having danda in his hand entered the courtyard of the informant and damaged the motorcycle and utensils with rod and danda causing loss of Rs. 60,000/-. It is further alleged that the co-accused Bhajan Sahni took Rs. 3,00,000/- lacs and ornaments of Rs. 1,00,000/- lac from the informant's box.
It is further alleged that the informant and his father were brought to C.H.P. Singhwara, for their treatment and from where they were brought to D.M.C.H., Darbhanga and thereafter the father of the informant was referred to P.M.C.H., Patna for his treatment but he was treated in a private hospital, Universal Hospital, Kumhrar Park Road, Patna, where his head and neck were operated but subsequently he died.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
3/4 this case. It is submitted that both parties are own agnates (Gotia). There is no specific allegation of assault on the deceased against the petitioner rather the same is against other co-accused persons. He has no concern with the alleged offence. No incriminating article has been recovered from his possession. It is submitted that the other co-accused persons, namely, Bhajan Sahni, Ajay Sahni @ Ajay Kumar Sahni and Arvind Sahni have already been granted bail by a Bench of this Court vide Cr. Misc. No. 67212 of 2024 under order dated 11.12.2024, Cr. Misc. No. 49237 of 2023 under order dated 17.08.2023 and Cr. Misc. No. 41465 of 2024 under order dated 20.07.2024 respectively, annexed as Annexure-P/2 series to the present bail application. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 13.12.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class,
4/4 Darbhanga in connection with Singhwara P.S. Case No. 97 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T