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Patna High CourtCR. MISC./15526/2019bail granted

Sipahi Sahni v. The State Of Bihar

2019-03-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15526 of 2019 Arising Out of PS. Case No.-153 Year-2011 Thana- DEWARIA District- Muzaffarpur ====================================================== SIPAHI SAHNI son of Vijay Sahni @ Bijali Sahni R/o vill Dharfari P.S. Deoriya District Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Deoriya P. S. Case No. 153 of 2011 instituted for the offence under Section(s) 147, 148,149, 452, 307, 302, 379 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for petitioner submits that specific allegation of causing firearm injury on the father of the informant is against co -accused Birendra Singh, Krishna Sahani, Lalan Sahani and Munna Rai on account of which he fell down. It is further alleged that co -accused Sanjeet Sah and Vinod Baitha made firing from rifle but the informant could not say whether aforesaid firing hit his father. There is general and omnibus allegation against this petitioner that he along with

Patna High Court CR. MISC. No.15526 of 2019(2) dt.13-03-2019 2/2 other accused persons assaulted the informant with bricks on his head and when informant saved himself with hands then he sustained injury on his both hands. In the impugned order, there is no any mention of injury report of this petitioner. Learned counsel further submits that other co-accused of this case have already been granted regular bail by co-ordinate Bench of this Court vide orders passed in Cr. Misc. nos. 14807 of 2012, 21124 of 2012, 36885 of 2012, 39543 of 2012 and 10123 of 2016. Considering the aforesaid, let the petitioner, above named, be released on bailon furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the 9th Addl. Sessions Judge, Muzaffarpur, in connection with Deoriya P. S. Case No. 153 of 2011 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T