Vishwanath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25780 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== Vishwanath Sahni Son of Ramsujit Sahani Resident of Village - Methaura, P.S.- Dumra, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dumra P.S. Case No. 332 of 2020 instituted for the offences under Sections 341, 323, 324, 307, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 07.01.2021, charge-sheet has been submitted in the case and is a person with clean antecedent Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that he forbade the accused persons named in the F.I.R. from selling liquor on which on the same night, the accused persons inflicted knife blow on the informant with an intention to kill causing injury and on alarm

Patna High Court CR. MISC. No.25780 of 2021(2) dt.22-11-2021 2/2 the accused persons fled away.

Learned counsel for the petitioner submits that the allegations as alleged in the F.I.R. is not specific and no overt act has been alleged against the petitioner rather the allegations are general and omnibus in nature and co-accused Ram Balak Sahni has been granted bail by this Court vide order dated 20.07.2021 in Cr. Misc. No. 21378 of 2021.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 07.01.2021, charge-sheet has been submitted in the case, the petitioner is a person with clean antecedent and the coaccused has been granted bail, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 332 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T