Ganesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26447 of 2020 Arising Out of PS. Case No.-547 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== GANESH SAHNI S/o Late Jaylal Sahni @ Late Jadu Lal Sahni @ Late Jaieelal Sahni Resident of Village- Majharia Shekih, P.S.- Majhauliya, District- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2020 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Majhauliya PS Case No. 547/2019 registered for the offence punishable under Sections 341, 323, 324, 307, 387, 427/34 of the IPC.

3. The allegation, as per First Information Report, is that the petitioner along with other accused persons assaulted the informant on his head with Farsa and one Rakesh Malo was also assaulted on his head.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.26447 of 2020(4) dt.04-12-2020 2/3 and from perusal of the injury report of the informant and that of Rakesh Malo, it would be evident that they have received simple injury caused by hard and blunt substance inasmuch as the allegation is that the petitioner assaulted the victims by means of Farsa, no sharp cut injury has been found on the person of the victims.

5. Learned counsel further submits that the dispute between the parties arose on account of fishing from the pond situated in the village. Learned counsel also submits that petitioner is in custody since 04.02.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that victims have sustained simple injuries caused by hard and blunt substance, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, GANESH SAHNI, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya PS Case No. 547/2019.

8. It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.26447 of 2020(4) dt.04-12-2020 3/3 bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T