Jitendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23393 of 2025 Arising Out of PS. Case No.-548 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Jitendra Sahani Son of Surendra Sahani Resident of Village- Sagar Churaman, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Advocate.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-04-2025 Heard Mr. Dhurendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ganesh Prasad Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Kesariya P.S. Case No. 548 of 2023 registered for the offence punishable under Sections 341, 323, 324, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., on the order of co-accused Yadolal Sahani, the petitioner is said to have inflicted farsa blow on the head of the informant causing head injury.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and has committed no offence as alleged. The injury caused by the

Patna High Court CR. MISC. No.23393 of 2025(2) dt.30-04-2025 2/3 petitioner on the head of the informant has been opined to be simple in nature by the doctor. Similarly situated co-accused have been enlarged on bail by a co-ordinate Bench of this Court vide order dated 04.09.2024 passed in Cr. Misc. No. 56948 of 2024. The petitioner has clean antecedent.

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

6. Considering the nature of allegation made against the petitioner and the fact that the injury caused by the petitioner has been opined to be simple in nature, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the 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 learned Chief Judicial Magistrate, Motihari in connection with Kesariya P.S. Case No. 548 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

Patna High Court CR. MISC. No.23393 of 2025(2) dt.30-04-2025 3/3

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T