Pramod Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23280 of 2023 Arising Out of PS. Case No.-423 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Pramod Sahni Son of Prasad Sahni Resident of Village - Badanpur Milki, P.S.- Mahua, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Mahua P.S. Case No.423 of 2021, registered for offences under Sections 147, 148, 149, 447, 323, 324, 307, 380, 354(B), 504 of the IPC.

The allegation is that while the informant was sitting at the door of his house along with his father on the date and time of occurrence and was engaging in talks about solemnizing marriage, the cousin brother-in-law of the informant, namely,

2/4 Promod Sahni, i.e. the petitioner herein had arrived there and had asked for some money for the purposes of casting the roof of his house, however, when they had refused to give money, the petitioner started abusing and assaulting them along with other co-accused persons, who had also arrived there in the meantime. The main allegation is upon one co-accused person, namely, Sunil Sahni of having assaulted the informant by sword of his head resulting in him receiving serious injuries.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that a general and omnibus has been levelled against the petitioner and the fact is that the informant has sustained simple injury, hence the petitioner be granted the privilege of anticipatory bail.

Per contra, the learned APP for the State

3/4 has vehemently opposed the prayer for bail.

Having regard to the facts and 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, apart from the fact that the informant is stated to have received simple injury, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No.423 of 2021, subject to the

4/4 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/- U T