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Patna High CourtCR. MISC./28175/2020bail granted

Pukar Sahni @ Ram Pukar Sahni v. The State Of Bihar

2020-12-14Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28175 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- KARTAHA District- Vaishali ====================================================== PUKAR SAHNI @ RAM PUKAR SAHNI, Gender-Male, aged about 62 years, S/o Chandradeep Sahni, Resident of Village-Patepur, Police StationKartahan in the District of Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar, Advocate.

For the Opposite Party :

Mr. Ganesh Prasad Singh, A.P.P> ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 149, 341, 323, 326 (A), 307, 427 and 379 of the I.P.C.

The prosecution story, in brief, is that petitioner

Patna High Court CR. MISC. No.28175 of 2020(3) dt.14-12-2020 2/3 alongwith other accused persons having Lathi, Danda and Acid came at the informant's Hut and on the order of Pukar Sahani (petitioner), co-accused Amod Sahani pushed his nephew Rajiv Sahani on the ground, thereafter, co-accused Biru Sahani and Binod Sahani assaulted him with Lathi and when the informant came to save, co-accused Sabita Devi poured Acid on his back and co-accused Vijay Sahani threw Chilli in the eyes of Mantu Sahani and Mishrilal Sahani. All the accused persons also damaged the Hut by Lathi, Danda and looted the household articles. Pukar Sahani (petitioner) also again threw Acid on the informant's face due to which, right side of his face badly burnt. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 13.05.

2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to be the order giver. Assault was made by co-accused, namely, Sabita Devi. No allegation of assault is alleged against the petitioner. Nature of injury is said to be simple.

On behalf of the learned counsel for the State, it has

Patna High Court CR. MISC. No.28175 of 2020(3) dt.14-12-2020 3/3 been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XV, Vaishali at Hajipur, in connection with Kartahan P.S. Case No. 15 of 2020. (Sudhir Singh, J) U.K./- U T