Jaglal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28750 of 2022 Arising Out of PS. Case No.-369 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

JAGLAL SAHNI S/o Chhadhari Sahni Resident of Village- Purainiya, P.S.- Minapur, Distt- Muzaffarpur.

2.

Shobhit Sahni S/o Jaglal Sahni Resident of Village- Purainiya, P.S.- Minapur, Dist- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application in respect of petitioner no.2, namely, Shobhit Sahni as he has already been apprehended by the police.

Permission is granted.

Accordingly, this anticipatory bail application is dismissed as withdrawn.

Now, this anticipatory bail application survives only against petitioner no.1, namely, Jaglal Sahni. Heard both sides.

The petitioner apprehends his arrest in connection with Minapur P.S. Case No.369 of 2020, registered for the

Patna High Court CR. MISC. No.28750 of 2022(2) dt.06-09-2022 2/3 offences punishable under Sections 341, 323, 324, 307, 504, 379 and 34 of the Indian Penal Code.

Petitioner No.1, Jaglal Sahni is said to have assaulted the informant by means of iron rod on her head causing injury in her head.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the occurrence took place on 04.09.2020, but the FIR was lodged on 17.09.2020, after delay of 13 days without given any explanation, which creates serious doubt about the prosecution case.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact that there is delay in lodging the FIR, let petitioner no.1, Jaglal Sahni, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in

Patna High Court CR. MISC. No.28750 of 2022(2) dt.06-09-2022 3/3 connection with Minapur P.S. Case No.369 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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