Vicky Sahni @ Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31074 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

Guddu Sahni Son Of Vinod Sahani Resident Of Village - Mohammadpur Madhupur, P.S. - Kamtaul, Distt. - Darbhanga 2.

Chedi Sahni Son Of Bikhari Sahni Resident Of Village - Mohammadpur Madhupur, P.S. - Kamtaul, Distt. - Darbhanga 3.

Vikash Sahni @ Vikash Kumar Son Of Pachhu Sahni Resident Of Village - Mohammadpur Madhupur, P.S. - Kamtaul, Distt. - Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31235 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

Vicky Sahni @ Vicky Kumar Son Of Pachhu Sahni R/O VillageMohammadpur Madhupur, P.S.- Kamtaul, District- Darbhanga 2.

Ankit Sahni @ Ankit Kumar Son Of Pachhu Sahni R/O VillageMohammadpur Madhupur, P.S.- Kamtaul, District- Darbhanga ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 31074 of 2023) For the Petitioner/s :

Mr. Baidya Nath Prasad For the Opposite Party/s :

Mr. Jai Narain Thakur (In CRIMINAL MISCELLANEOUS No. 31235 of 2023) For the Petitioner/s :

Mr. Baidya Nath Prasad For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

2. Heard learned counsel for the petitioners and

Patna High Court CR. MISC. No.31074 of 2023(2) dt.17-07-2023 2/3 learned A.P.P. for the State.

3. The petitioners apprehend their arrest in Kamtaul P.S. Case No. 28 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 186, 290, 353, 427, 332, 333, 504, 506 of the Indian Penal Code pending in the Court of learned C.J.M., Darbhanga.

4. As per the prosecution case, the accused petitioners and other duly armed with various weapon attacked upon the police official and also assaulted the police official with rod, lathi with intention to kill them.

5. Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners have got no manner of concern with the accused Ranjit Mahto to whom the police had come to arrest and the family members of the accused had raised protest and deterred the police from arresting the accused but it is glaring that the innocent villagers including the petitioners have been dragged in this case. The petitioners has got no criminal antecedent as mentioned in para-3 of the bail application.

6. Learned APP for the State vehemently opposing

Patna High Court CR. MISC. No.31074 of 2023(2) dt.17-07-2023 3/3 the bail petition submitted that the doctor has found injury over the persons of injured Barun Kumar Goswami, SHO Kamtaul PS, Home guard Ram Balak Chaudhary and constable Amit Kumar.

7. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioners on anticipatory bail. The prayer for anticipatory bail of the petitioners is hereby rejected.

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