Parmanand Sahni @ Parmanand Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15791 of 2024 Arising Out of PS. Case No.-517 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== Parmanand Sahni @ Parmanand Kumar Sahni S/o Shankar Sahani @ Ram Lakhan Sahani R/o vill - Poli Garam Gulabbag, P.s. - Sadar, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sadar P.S. case No. 517 of 2022 instituted for the offences under Sections 341, 342, 323, 307, 506, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that all the co-accused persons assaulted the son of the informant by means of bricks, iron rod, lathi. Meanwhile, the petitioner along with co-accused Ajay Kumar, Vishnu Sahani also assaulted the informant's son.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.15791 of 2024(2) dt.12-03-2024 2/3 petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. Learned counsel further submitted that there is delay of eight days in lodging the FIR without plausible explanation which raises doubt over the prosecution story. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that the other co-accused persons Arjun Sahani and Vishnu Sahani who have already been granted anticipatory bail by the co-ordinate Bench of this Court. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.11.2023 and has one 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, claim based on parity 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.15791 of 2024(2) dt.12-03-2024 3/3 below/concerned Court in connection with Sadar P.S. case No. 517 of 2022.

(Rudra Prakash Mishra, J) Alok Verma/- U T