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Patna High CourtCR. MISC./13973/2022bail granted

Navin Sahni v. The State Of Bihar

2022-09-01Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13973 of 2022 Arising Out of PS. Case No.-166 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== 1.

NAVIN SAHNI Son of Bauku Sahni Resident of Village - Marraiya, Ward no.6, (Sahni Tola), P.s.- Parbatta (Marraiya), Distt.- Khagaria. 2.

Mahesh Sahni Son of Deepo Sahni Resident of Village - Marraiya, Ward no.6, (Sahni Tola), P.s.- Parbatta (Marraiya), Distt.- Khagaria. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-09-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as the learned APP for the State.

At the outset, learned counsel for the petitioner has submitted that petitioner No. 1 has been arrested, as such, the anticipatory bail petition in his respect has become infructuous. He, therefore, seeks permission to withdraw the petition in respect of petitioner No. 1.

In view of the aforesaid submission, the anticipatory bail petition of petitioner No. 1 is dismissed as withdrawn as

Patna High Court CR. MISC. No.13973 of 2022(2) dt.01-09-2022 2/3 having become infructuous.

The petitioner No. 2 apprehends his arrest in connection with Parbatta P.S. Case No. 166 of 2020, registered for the offences punishable under Sections 307, 427, 504, 506 of the Indian Penal Code.

As per allegation, fourteen named accused person including the petitioners equipped with lathi, rod and firearms came to the house of the informant and they badly assaulted the members of informant side. They also looted household articles. Learned counsel for the petitioner has submitted that petitioner is the person of clean antecedent. There is case and counter case. Both the parties have sustained injuries. He has submitted further that the case filed by the defense side is prior to the present case.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, 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, Khagaria in connection with Parbatta P.S. Case No. 166 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Patna High Court CR. MISC. No.13973 of 2022(2) dt.01-09-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- KUNDAN U T