Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20579 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== Santosh Sahani S/o Yogi Sahani R/o vill- Belwa Narkatiya, P.S. - Piprahi, distt. - Sheohar ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-04-2024 Heard Mr. Amrendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Jharkhandi Upadhyay, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Piprahi P.S. Case No. 253 of 2023 registered under Sections 307, 323, 324, 325, 342, 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner, alongwith other co-accused named in the FIR, had taken the son of the informant at a confined place and had assaulted him, causing injury in his neck, with a common intention to kill.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.20579 of 2024(2) dt.02-04-2024 2/3 petitioner submits that petitioner is innocent and he has falsely been implicated in the present case due to enmity. No such alleged offence has taken place. The injury has been described in the Impugned Order and the doctor has said that the injury is simple in nature, which was caused by sharp substance. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submission made on behalf of the parties, as well as, the fact that the injury is simple in nature, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The District Court is directed to release the petitioner on anticipatory bail, in the event of his/her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned District and Sessions Judge, Sheohar in connection with Piprahi P.S. Case No. 253 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the

Patna High Court CR. MISC. No.20579 of 2024(2) dt.02-04-2024 3/3 bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J.) Ashishsingh/- U T