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Patna High CourtCR. MISC./16964/2025allowed

Kishan Sahani @ Kishan Kumar v. The State Of Bihar

2025-03-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16964 of 2025 Arising Out of PS. Case No.-234 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== Kishan Sahani @ Kishan Kumar S/O Ashok Sahani Resident of villagePatailiya, Ward No. 4, Police Station- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pratik, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 504, 506, 354B, 307, 448 and 379 of the Indian Penal Code.

3. The petitioner in association of other co-accused is said to have assaulted the informant and her father-in-law with an iron rod due to which they got injured. The petitioner and co-accused, Sunder Kumar @ Vishal Kumar tried to commit rape upon the informant.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to land dispute. There is delay of four days in lodging the

Patna High Court CR. MISC. No.16964 of 2025(2) dt.19-03-2025 2/2 F.I.R. without assigning any cogent reason for the said delay. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Co-accused, namely, Sunder Kumar @ Vishal Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 07.02.2024 passed in Cr. Misc. No.5319 of 2024. The petitioner has no criminal antecedent and has been languishing in custody since 09.12.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid and the fact that co-accused has already been granted bail by a coordinate Bench, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bibhutipur P.S. Case No.234 of 2022.

(Anjani Kumar Sharan, J) Trivedi/- U T