Sri Niwas Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27015 of 2020 Arising Out of PS. Case No.-252 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
Sri Niwas Sahni (M), aged about 29 years, 2.
Randhir Sahni (M), aged about 27 years, Both are sons of Suresh Sahni Resident of Village - Pahitiya, P.S.- Sadar Hajipur, District - Vaishali ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Mritunjay Kumar, Advocate For the Opposite Party :
Mr.Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-01-2021 Learned counsel for the petitioners informs the Court that petitioner no. 1, namely, Sri Niwas Sahni has been arrested during the pendency of the present application and as such, the application on his behalf has become infructuous. The application on behalf of the petitioner no.1, namely, Sri Niwas Sahni is disposed of as infructuous. Heard learned counsel appearing on behalf of the petitioner no.2 and learned Additional Public Prosecutor appearing on behalf of the State.
Petitioner no. 2, namely, Randhir Sahani is apprehending arrest in connection with Sadar Hajipur P.S. Case No. 252 of 2019 for offences under Sections 341, 323, 324, 354(b) and 379/34 of the Indian Penal Code and Sections 8 and
Patna High Court CR. MISC. No.27015 of 2020(2) dt.22-01-2021 2/2 12 of the POCSO Act.
Learned counsel appearing on behalf of the petitioner no.2 submits that the petitioner has no criminal antecedent. Considering the materials available on record, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner no. 2, namely, Randhir Sahani. His application is rejected.
However, in the event the petitioner no. 2, namely, Randhir Sahani surrenders before the court below and seeks regular bail, the court below shall consider and dispose of the same on its own merits on the same day without being prejudiced by the order of rejection of this application. (Anil Kumar Upadhyay, J) BT/- U T