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Patna High CourtCR. MISC./24413/2022bail granted

Arjun Sahni v. The State Of Bihar

2022-07-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24413 of 2022 Arising Out of PS. Case No.-108 Year-2020 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.

ARJUN SAHNI S/o Late Ayodhya Sahni Resident of Village- Maksudanpur, Bhadaiya, P.S.- Mohiuddin Nagar, District- Samastipur. 2.

MITHILESH SAHNI @ MITHLESH SAHNI S/o Arjun Sahni Resident of Village- Maksudanpur, Bhadaiya, P.S.- Mohiuddin Nagar, DistrictSamastipur 3.

BALALAKHINDRA SAHNI S/o Arjun Sahni Resident of VillageMaksudanpur, Bhadaiya, P.S.- Mohiuddin Nagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2022 Heard learned counsel for the parties.

The petitioners have renewed his prayer for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code .

It is submitted by learned counsel for the petitioners that the earlier application for bail of the petitioners was rejected vide order dated 3.8.2021 (Annexure-1) passed in Cr. Misc. no. 12497 of 2021.

It is submitted by learned counsel for the petitioners that the allegations against the five named accused persons including the three petitioners herein are general and omnibus in

Patna High Court CR. MISC. No.24413 of 2022(2) dt.06-07-2022 2/2 nature. The case of the petitioners stand on a similar footing to that of co-accused Chandan Sahni who has been enlarged on bail vide order dated 2.3.2022 passed in Cr. Misc. no. 57089 of 2021. The contents of the postmortem report do not support the prosecution case wherein allegation of assault is made by the five named accused persons while only three injuries have been found on the body of the deceased.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioners, grant of bail to co-accused Chandan Sahni together with the petitioners having remained in custody since 18.8.2020, the petitioners are directed to be enlarged on bail in connection with Mohiuddin Nagar P.S. Case no. 108 of 2020 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Samastipur.

(Partha Sarthy, J) Spd/- U T