Anil Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11050 of 2023 Arising Out of PS. Case No.-172 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== Anil Sahni Son Of Bahoran Sahni R/O Village - Dumri Maheshpura, Ward No.- 4, P.S.- Khodawandpur (Chhaurahi O.P.), District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Khodawandpur P.S. Case No. 172 of 2020 registered under sections 147, 149, 342, 323, 325, 307, 354 (A) and 379 of the Indian Penal Code. Allegation against the co-accused persons including this petitioner is that they assaulted the informant causing fracture on his leg and when the brother of the informant came to save him then other co-accused person also assaulted on his head by means of iron rod on account of which, the injured was taken to hospital for treatment.
Patna High Court CR. MISC. No.11050 of 2023(2) dt.20-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both parties are close agnates and only due to land dispute he has falsely been implicated in this case. It is further submitted that there is no specific overt act of assaulting against the petitioner rather general and omnibus allegation has been levelled against him. It is also submitted that there is no cogent material came against him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.01.2023. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 07.12.2021. in Cr. Misc. No. 37106 of 2021.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Khodawandpur P.S. Case No. 172 of 2020 on furnishing bail
Patna High Court CR. MISC. No.11050 of 2023(2) dt.20-04-2023 3/3 bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Manjhaul (Begusarai). (Sunil Kumar Panwar, J) Amandeep/- U T