Jagu Sahani @ Jaylal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14594 of 2024 Arising Out of PS. Case No.-167 Year-2020 Thana- PAKRIDAYAL District- East Champaran ====================================================== Jagu Sahani @ Jaylal Sahani Son of Bilas Sahani Resident of Village- Kodal, P.S.- Pakaridayal, District- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pakaridayal P.S. case No. 167 of 2020 instituted for the offences under Sections 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code and 27 of the Arms Act.
3. Prosecution case, in short, is that all the accused persons including this petitioner armed with deadly weapons assaulted the informant. It is further alleged that the informant fired on the informant which hit him in his armpit and he fell down.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.14594 of 2024(3) dt.11-03-2024 2/3 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that the allegation of assault attributed to this petitioner is general and omnibus in nature. There is specific accusation of firing attributed to this petitioner but the doctor has found the injuries simple in nature caused by hard and blunt substance and injury no.1 is kept reserved (as per paragraph-10 of the present bail application). There is case and counter case between the parties. Charge-sheet has been submitted in this case. The nature of injury is said to be simple in nature. Hence, no offence under Section 307 I.P.C. is made out. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.12.2023 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, nature of injury as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.14594 of 2024(3) dt.11-03-2024 3/3 below/concerned Court in connection with Pakaridayal P.S. case No. 167 of 2020.
(Rudra Prakash Mishra, J) Alok Verma/- U T