Vijay Sahani @ Uday Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17014 of 2023 Arising Out of PS. Case No.-642 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== VIJAY SAHANI @ UDAY SAHANI SON OF SHANKAR SAHANI RESIDENT OF VILLAGE - GOSAINPUR, P.S. - AHIYAPUR, DIST. - MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 326, 302/34 of the Indian Penal Code.

The allegation against the petitioner along with others is of brutally assaulting the informant, his brother and family members due to which, the informant and his family members sustained injuries and his brother namely Lalu Sahani, succumbed to injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. He

Patna High Court CR. MISC. No.17014 of 2023(2) dt.11-05-2023 2/2 submitted that specific allegation of assaulting by means of Dabiya to the deceased is against co-accused Ram Bahadur Sahani, due to which he succumbed to injury. There is general and omnibus allegation against the petitioner and he is only a member of unlawful assembly. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No. 642 of 2022.

(Sunil Kumar Panwar, J) arish/- U T