Lalit Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12092 of 2022 Arising Out of PS. Case No.-235 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== LALIT SAHNI S/o Sri Nandu Sahni R/o village- Harsuwar, P.O.- Hissar, P.S.- Harlakhi, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarva Deo Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Section 302/34 of the Indian Penal Code, registered in connection with Harlakhi P.S.Case No. 235 of 2019.

As per allegation made in the FIR, the named accused persons including the petitioner along with 4-5 unknown persons assaulted the father of the informant with lathi and iron rod. This fact was brought to the knowledge of the informant by his labourer Sukhdeo Ram.

The learned counsel for the petitioner has submitted that the informant is not the eye-witness. The eye-witness as per the statement of the informant itself is Sukhdeo Ram and the statement of Sukhdeo Ram was recorded in paragraph no.42 of the case diary and in his statement he did not disclose the name

Patna High Court CR. MISC. No.12092 of 2022(2) dt.21-09-2022 2/2 of the present petitioner. He has taken the name of only Rakesh who is co-accused in this case and anticipatory bail petition of Rakesh has been rejected by this Court. He has submitted further that on similar allegation co-accused Kishori Sahni has been granted anticipatory bail vide Cr.Misc. No. 20801 of 2020 and co-accused Sharwan Pandit has also been granted anticipatory bail in Cr.Misc. No. 7328 of 2022. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs.

10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Benipatti, Madhubani in connection with Harlakhi P.S.Case No. 235 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T