Guddu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14496 of 2023 Arising Out of PS. Case No.-279 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Guddu Sahni Son of Late Ganesh Sahni R/o Bharatpur Singhara, P.S- Mahua Dist- Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Mahua PS case no. 279 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 447, 448, 354(B), 427, 379, 504 of the Indian Penal Code. He has got one criminal antecedent.

As per the prosecution story, on 27.04.2022, 17 named and 150-200 unknown accused persons variously armed with weapons abused the informant and assaulted her. Accused Ankaj Sahni caught hold of her hand and disrobed her. Thereafter, all the accused persons damaged the articles of the house of the informant and accused Guddu Sahni and Muntun Sahni took away two boxes of ornaments with Rs.5 lakhs.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is no specific allegation against the petitioner. Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.14496 of 2023(2) dt.19-05-2023 2/2 anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, the circumstances under which the alleged occurrence is said to have taken place and that this petitioner is one amongst the 17 named accused persons and 150-200 unknown persons who had allegedly came at the door of the informant and had indulged in the alleged occurrence, there being no specific allegation against the petitioner, let in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Mahua P.S. Case No. 279 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court of C.J.M., Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) ravikr/- U T