Sonu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23270 of 2023 Arising Out of PS. Case No.-132 Year-2021 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.
Sonu Sahni Son of Pawan Sahni Resident of village - Narayan Piper, P.O. - Pansalla, P.S. - Khodawanpur, (Chhaurahi O.P.), Distt. - Begusarai 2.
Rajan Sahni Son of Late Ram Bahadur Sahni Resident of village - Narayan Piper, P.O. - Pansalla, P.S. - Khodawanpur, (Chhaurahi O.P.), Distt. - Begusarai 3.
Rajesh Sahni Son of Late Ram Bahadur Sahni Resident of village - Narayan Piper, P.O. - Pansalla, P.S. - Khodawanpur, (Chhaurahi O.P.), Distt. - Begusarai 4.
Prince Sahni Son of Pawan Sahni Resident of village - Narayan Piper, P.O. - Pansalla, P.S. - Khodawanpur, (Chhaurahi O.P.), Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saroj Kumar Sharma, Advocate For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioners and learned APP for the State.
This is an application for grant of anticipatory bail in connection with Khodawanpur (Chhaurahi O.P.) P.S. Case No.132 of 2021, registered for offences under Sections 341, 323,
2/4 448, 324, 307, 379/34 of the IPC.
The allegation is regarding the accused persons including the petitioners herein having assaulted the informant and her daughter after entering their house.
The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that a general and omnibus allegation have been levelled against all the accused persons and the injuries, if any, found on the person of the informant and her daughter, have been found to be simple in nature. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court, vide order dated 01.06.2022, passed in Cr.Misc. No.66703 of 2021.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and
3/4 circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled against all the accused persons, the petitioners are having a clean antecedent and similarly situated co-accused persons have already been granted the privilege of anticipatory bail, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.
Accordingly, the above named petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, 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 SDJM, Majhaul, Begusarai in connection with Khodawanpur (Chhaurahi O.P.) P.S. Case No.132 of 2021, subject to the conditions as laid
4/4 down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) kanchan/- U T