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Patna High CourtCR. MISC./15290/2025bail granted

Jitendra Sahni v. The State Of Bihar

2025-03-05Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15290 of 2025 Arising Out of PS. Case No.-336 Year-2024 Thana- KOTWALI District- Munger ====================================================== 1.

Jitendra Sahni Son of Ramkishun Sahni Resident of Lal Darwaza, Geeta Babu Road, P.S.- Kotwali, Distt.- Munger 2.

Lalita Devi @ Lait Devi Wife of Jitendra Sahni Resident of Lal Darwaza, Geeta Babu Road, P.S.- Kotwali, Distt.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jyoti Ranjan Jha For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-03-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 336 of 2024, disclosing offences under Sections 126(2), 115(2), 109, 352, 351(1), 3(1) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that while the informant was in his shop, on 18.10.2024 at about 10:00 P:M in the night, the petitioner along with other co-accused persons total eight in numbers attacked upon the informant with bricks. Co-accused Urmila Devi gave a knife to co-accused Rudra who attacked the informant due to

Patna High Court CR. MISC. No.15290 of 2025(2) dt.05-03-2025 2/3 which he sustained head injury.

4. Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case along with seven other accused persons due to village politics. He further submits that the entire family members including the agnates of the petitioners have been made accused and the specific allegation of assault upon the informant is against the coaccused Rudra. He next submits that the victim has sustained simple injury.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that no overt act has been alleged against the petitioners, the allegation against them is general and omnibus in nature and similarly situated co-accused person namely Aarti Devi has been granted anticipatory bail in Cr. Misc. No. 423 of 2025, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released 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 Chief Judicial Magistrate,

Patna High Court CR. MISC. No.15290 of 2025(2) dt.05-03-2025 3/3 Munger, in connection with Kotwali Police Station Case No. 336 of 2024, subject to the condition laid down under Section 482 of the Bharatiya Nyaya Sanhita, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T