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Patna High CourtCR. MISC./21821/2025bail granted

Ram Karan Sahni v. The State Of Bihar

2025-04-23Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21821 of 2025 Arising Out of PS. Case No.-67 Year-2024 Thana- COMPLAINT CASE - ROSERA DistrictSamastipur ====================================================== 1.

Ram Karan Sahni, age 56 (M), S/o Late Chalitra Sahni 2.

Dashrath Sahni, age 43 (M), S/o Late Akalu Sahni, Both are R/o VillagePatauliya, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Balak Sahni (M), aged about 61 years, S/o Late Chamru Sahni R/o Village- Bidulia, P.O.- Meghaul, P.S.- Khodawandpur, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Mirityunjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-04-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Complaint Case No. 67 of 2024 registered for the offence(s) punishable under Sections 420, 406, 467, 468 and 471 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioners have committed forgery with the complainant of Rs.75,000/-, and had restrained him from the share from the proceed of sale of fish.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.21821 of 2025(2) dt.23-04-2025 2/3 petitioners submitted that petitioner no.1 is having valid Parwana, which is valid for the period 01.07.2024 to 30.06.2025. The complaint has been lodged on 07.02.2024. It is the case of the petitioners that petitioner no.1 has earlier lodged a case against the complainant, who had secretly taken out fish from the pond, which is settled in the name of petitioner no.1. Petitioners have clean antecedents.

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

6. Considering the nature of allegation made in the FIR, as well as, the very factum of the alleged oral agreement without any evidence, to the extent that the complainant has given a sum of Rs.75,000/- to the petitioners, cannot be sustained, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera / Successor Court, Rosera, Samastipur in connection

Patna High Court CR. MISC. No.21821 of 2025(2) dt.23-04-2025 3/3 with Complaint Case No. 67 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS. (Purnendu Singh, J) Sanjay/- U