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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11705 of 2020 Arising Out of PS. Case No.-36 Year-2019 Thana- BISHUNPUR District- Darbhanga ====================================================== DEEPAK SAHNI @ DEEPAK KUMAR SAHNI Son of Sri Ram Dayal Sahni @ Ramdayal Sahni Resident of Village- Fulwariya, P.S.- Bishanpur, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Bishanpur P.S. Case No. 36 of 2019 registered for the offence under sections 147, 148, 149, 323, 341, 324, 307, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, eleven named accused persons including the petitioner herein are stated to have abused and assaulted the informant and it is further stated that the petitioner gave farsa blow on the head of the informant causing injuries to him.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.11705 of 2020(2) dt.15-06-2020 2/3 that the allegations as levelled in the FIR are incorrect and he has been falsely implicated in the case. It is submitted that the instant case is a counter blast to the FIR being Bishanpur P.S. Case No. 35 of 2019 registered on the same day with respect to the same occurrence. It is submitted that from the copy of the injury report of the informant, brought on record as Annexure-2 to the petition, it would transpire that the nature of injury has been found to be simple caused by hard and blunt substance. It is further submitted that other co-accused, namely, Rajesh Kumar Sahni has been granted anticipatory bail vide order dated 16.08.2019 (Annexure-3) passed in Cr. Misc. No. 50840 of 2019 and accused Amresh Sahni and Manoj Sahni have both been granted anticipatory bail vide order dated 25.10.2019 (Annexure-3) passed in Cr. Misc. No. 65194 of 2019. 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 especially the grant of bail to co-accused by the above orders together with the injury on the informant having been found to be simple, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within

Patna High Court CR. MISC. No.11705 of 2020(2) dt.15-06-2020 3/3 a period of eight weeks from today and in the event of his arrest or surrender in connection with Bishanpur P.S. Case no. 36 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VII, Darbhanga subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U