Pramod Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10258 of 2019 Arising Out of PS. Case No.-542 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

Pramod Sahni, Son of Ram Chandra Sahni Resident of Village- Sahbajpur, Police Station- Ahiyapur, District - Muzaffarpur. 2.

Suman Sahni @ Suman Kumar Son of Pramod Sahni Resident of VillageSahbajpur, Police Station- Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar Goswami, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehends his arrest in connection with Ahiyapur P.S. Case no. 542 of 2018, registered under Sections 341, 323, 324, 308, 504 and 506/34 of the Indian Penal Code.

The accusation is that on 24.05.2018 both the petitioners entered at the Litchi orchard of the informant Md. Israfil and demanded Litchi free of cost, then informant refused to give litchi. Thereafter, both the petitioners along with five unknown, again, came there armed with Farsa, Sword, Lathi, Danda etc. and surrounded the informant and assaulted

Patna High Court CR. MISC. No.10258 of 2019(3) dt.10-05-2019 2/2 him through sword on his head. When son and staff of the informant tried to save him then they were also assaulted by the accused persons and lastly they snatched Rs. 1,60,000/- from the pocket of the informant.

Learned counsel for the petitioners submits that due to petty dispute the informant has lodged this case with false allegation. Moreover, only one injury sustained by the informant, which is simple in nature as detailed in paragraph No. 12 of the case diary. The petitioners, who are co-villagers of the informant, have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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 the Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 542 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T