Sanjay Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18922 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== Sanjay Sahni S/o- Brind Sahni Village- Buchauali Ps- Jandaha, Mahishour Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nachiketa Jha, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Jandaha P.S. Case No. 71 of 2024, instituted for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons entered into the house of the informant, assaulted them and upon the order of the petitioner, co-accused, Manjay Sahni fired upon father-in-law of the informant due to which he sustained injury and fell on the ground.
Patna High Court CR. MISC. No.18922 of 2025(2) dt.07-04-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of two days in lodging the FIR. The petitioner is only order giver. No specific allegation of firing has been attributed against the petitioner. Specific allegation of firing is against co-accused, namely, Manjay Sahni. The petitioner is in custody since 08.01.2025 and has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 28.08.2024 passed in Cr. Misc. No. 59060 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.18922 of 2025(2) dt.07-04-2025 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jandaha P.S. Case No. 71 of 2024. (Rudra Prakash Mishra, J) Rajorshi/- U T