Jitendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30068 of 2024 Arising Out of PS. Case No.-153 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== Jitendra Sahni Son of Harishchandra Sahni Resident of Village - Ward 07, Shivnagar, Post Harnahiya, P.S.- Sahiyara, District - Sitamarhi. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar, Advocate For the Opposite Party/s :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-04-2024 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Sahiyara P.S. Case No. 153 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 364 and 506 of the Indian Penal Code.
3. The allegation against the petitioner is to assault informant and others by means of sharp edged weapons, causing head and other bodily injuries, having intention to cause death, where occurrence arises out of local disputes and differences.
Patna High Court CR. MISC. No.30068 of 2024(2) dt.26-04-2024 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that allegation against petitioner, as to cause physical assault, is very much general and omnibus and, interestingly from injury report of injured namely, Surendra Singh, it appears that no any injury was found upon him. He was physically and mentally fit during his medical examination. It is also pointed out that during course of investigation, under Section 161 of Cr.P.C. specifically stated that he failed to identify anyone as to who assaulted him, whereas he shows his suspicion regarding coaccused Satrudhan Sahani, Raju Kumar and Shivam Kumar and their family members. While concluding argument, it is submitted that petitioner is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
6. In view of the aforesaid facts and circumstances of the case and by taking note of injury report and statement of injured, petitioner above named, in the event of his arrest or surrender before the learned Court within a period of four weeks from today, is directed to be released
Patna High Court CR. MISC. No.30068 of 2024(2) dt.26-04-2024 3/3 on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi/concerned Court in connection with Sahiyara P.S. Case No. 153 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) Rajeev/- U T