Suraj Sahni @ Saraj Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26582 of 2023 Arising Out of PS. Case No.-297 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Suraj Sahni @ Saraj Sahni Son of Raghunath Sahni R/V- Mirzapur Ward No.- 9, P.S.- Tajpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-07-2023 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 Tajpur P.S. Case No.297 of 2022, registered for offences under Sections 341, 323, 324, 354, 307, 379, 447, 504, 506/34 of the IPC.

The allegation is regarding the petitioner having assaulted the informant with bamboo stick causing injury on her head. It is also alleged that other accused persons had also entered the house of the informant and assaulted the informant and others by legs and fists.

Patna High Court CR. MISC. No.26582 of 2023(2) dt.07-07-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that the petitioner is an accused in one another case in which he is on bail. The learned counsel for the petitioner has also submitted by referring to paragraph no.7 of the present petition that the injury sustained by the informant has been found to be simple in nature, however, the learned trial court may verify the same.

Per contra, the learned APP for the State 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 the injury sustained by the informant is stated to be simple in nature, though I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail, however, subject to the learned

Patna High Court CR. MISC. No.26582 of 2023(2) dt.07-07-2023 3/3 trial court verifying the fact as to whether the injury sustained by the informant is simple or not. 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 ACMJ-1st, Class, Samastipur in connection with Tajpur P.S. Case No.297 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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