Patna High CourtCR. MISC./20096/2016disposed

Raj Kumar Sahani @ Raj Kumar Sahni v. The State Of Bihar

2016-05-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20096 of 2016 Arising Out of PS.Case No. -329 Year- 2015 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Raj Kumar Sahani @ Raj Kumar Sahni Son of Harihar Sahni Residence of Village- Basant Kharauna, PS. Turki O.P. Distt Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The prosecution case is that on 9.09.2015 at 10:30 P.M, co-accused Saroj Sahni, Ram Kumar Sahni, Vivek Sahni and this petitioner confined the younger brother of the informant on presumption that he has committed theft. The brother of the informant was assaulted by several persons including the petitioner.

It is submitted by learned counsel for the petitioner that brother of the informant was a habitual thief and the villagers caught him while committing theft and he was assaulted by a mob. From the averments made in the written report, it appears that the informant is not the eye witness to the occurrence. For the occurrence of 09.09.2015 at 10:30 P.M

Patna High Court Cr.Misc. No.20096 of 2016 (2) dt.06-05-2016 2/2 the F.I.R was registered on 10.09.2015 at 8:00 P.M. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It appears that similarly situated co-accused Vidya Sahni has been granted regular bail vide Cr. Misc. No. 621 of 2016.

Let learned Court below consider the prayer for regular bail of the petitioner, keeping in view of the fact that accusation is against the mob, if the petitioner surrenders within a period of six weeks in connection with Kurhani(Kudhani) P.S. Case No. 329 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Muzaffarpur. With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T