Ram Balak Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21378 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== RAM BALAK SAHNI SON OF KAVITAR SAHNI @ PAVITAR SAHNI R/O VILLAGE- METHAURA, P.S.- DUMRA, DISTRICT- SITAMARHI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Shailendra Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Dumra P.S. Case No.332 of 2020 registered for the offence punishable under Sections 341. 323, 324, 307, 506/34 of the IPC. The prosecution case in short is that due to protest made by the informant's father forbidding sell of liquor by the accused persons, petitioner along with other co-accused
Patna High Court CR. MISC. No.21378 of 2021(2) dt.20-07-2021 2/3 persons on the same night, gave knife blow to him with intention to kill causing injury and on alarm, they fled away. The informant's father has alleged against the accused persons.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to enmity and dirty village politics. No incriminating article has been recovered from the conscious physical possession of the petitioner. There is no specific overt act against the petitioner rather the allegations are general and omnibus in nature. It is also not disclosed that who assaulted the informant's father with knife. The informant has alleged that the accused persons stabbed him 8-10 times by their knives and thrashed him on the ground but the injury report shows only two injuries caused by stabbing. The petitioner has no criminal antecedent and has been languishing in custody since 11.10.2020.
Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, since there is a general and omnibus allegation against the petitioner, the above named petitioner is directed to be
Patna High Court CR. MISC. No.21378 of 2021(2) dt.20-07-2021 3/3 enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No.332 of 2020.
(Anjani Kumar Sharan, J) pallavi/- U T