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Patna High CourtCR. MISC./37239/2021partly allowed disposal

Ranjeet Sahni v. The State Of Bihar

2022-02-08Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37239 of 2021 Arising Out of PS. Case No.-99 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

RANJEET SAHNI Son of Fekan Sahni Resident of Village- Ketuka, P.S.- (Mahuli O.P.) Sadar, District- Darbhanga.

2.

Fekru Sahni Son of Jeewachh Sahni Resident of Village- Ketuka, P.S.- (Mahuli O.P.) Sadar, District- Darbhanga.

3.

Rajgir Sahni Son of Jeewachh Sahni Resident of Village- Ketuka, P.S.- (Mahuli O.P.) Sadar, District- Darbhanga.

4.

Abadh Sahni S/o- Dhoni Sahni Resident of Village- Ketuka, P.S.- (Mahuli O.P.) Sadar, District- Darbhanga.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

At the very outset, learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.2, submitting that during pendency of this application petitioner no.2 has been apprehended by the police.

Patna High Court CR. MISC. No.37239 of 2021(2) dt.08-02-2022 2/3 He further submits that he does not want to press this application in respect of petitioner no.3.

Permission is granted.

Accordingly, this application is dismissed as withdrawn in respect of petitioner nos.2 & 3 only. Now, this application is only with respect to petitioner nos.1 & 4.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379 & 504/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to oblique motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. Wife of co-accused Chandan Sahni has lodged Sadar P.S. Case No.93 of 2021 against the informant side earlier to the case under hand and to save skin from that case this false and frivolous case has been instituted against the petitioners and others. As a matter of fact, due to petty dispute a scuffle took place between the parties in which both side sustained injury. Petitioners have no criminal

Patna High Court CR. MISC. No.37239 of 2021(2) dt.08-02-2022 3/3 antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner nos.1 and 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sadar (Mahuli O.P.) P.S. Case No.99 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T