Rajkumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23005 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== Rajkumar Sahni S/O Late Yogi Sahni R/O Village- Belwa Narkatia, P.SPiprahi, Distt.- Sheohar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-07-2024 Heard Mr. Pushpendra Kumar Singh along with Ms. Divya Bharti, learned counsels appearing on behalf of the petitioner and Mr. Chandra Sen Prasad Singh, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Piprahi P.S. Case No. 253 of 2023 registered under Sections 307, 323, 324, 325, 342, 34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner, alongwith other co-accused named in the FIR, had taken the son of the informant at a confined place and had assaulted him, causing injury in his neck, with a common intention to kill.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.23005 of 2024(3) dt.26-07-2024 2/3 petitioner submits that petitioner is innocent and he has falsely been implicated in the present case due to enmity. No such alleged offence, as alleged in the FIR has taken place. The doctor has opined that the injuries sustained by the victim is simple in nature, which has been caused by sharp substance. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submission made on behalf of the parties, as well as, the fact that the injuries are simple in nature and also the fact that petitioner has clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his/her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned 1st Class, Judicial Magistrate, Sheohar in connection with Piprahi P.S. Case No. 253 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The learned District Court is directed to verify the
Patna High Court CR. MISC. No.23005 of 2024(3) dt.26-07-2024 3/3 criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J.) sudhanshu/- U T