Ashok Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.33425 of 2016 (2) dt.26-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33425 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Ashok Sahni Son of Sanichar Sahni Resident of Mohalla- Bakarganj, Abhanda, Police Station- Laherisarai District Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Laheriasarai P.S. Case No. 03 of 2016 registered under Sections 341, 323, 337, 338, 307, 387, 504 and 506/34 of the Indian Penal Code.

The accusation is that on 01.01.2016 the informant was returning from house of Shivji Yadav on motorcycle and Upendra Yadav was sitting on his motorcycle. When they reached at the main road, all of sudden, Ajay Sahni, Vijay Sahni, this petitioner along with 3 to 4 unknown made demand of Rs. 5000/- for entertainment and consuming liquor. On refusal, they started abusing and Vijay Sahni gave iron blow on the head of Upendra

Patna High Court Cr.Misc. No.33425 of 2016 (2) dt.26-08-2016 Yadav. When the informant rushed to save him, he was also assaulted by him through iron rod and hockey stick causing injury at his knee.

Learned counsel appearing on behalf of the petitioner submits that there is general and omnibus allegation against the petitioner and others to cause injury to informant with specific allegation against Vijay Sahni to cause injury through rod at Upendra Yadav. In fact, petitioner and informant are co-villager and due to grudge and enmity, the petitioner has falsely been implicated in this case. Similarly situated co-accused Ajay Sahni has already been allowed bail by a Bench of this Court vide Cr. Misc. No. 21135 of 2016 on 19.05.2016.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of 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 the C.J.M., Darbhanga in connection with Laheriasarai P.S. Case No. 03 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) U T Shail/-