Bikash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33101 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Bikash Sahani Son of Kapildeo Sahani @ Kapildev Sahani R/V- Musawa, P.S.- Sugauli, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Kundan Rathore, Adv.

For the Opposite Party/s :

Mr.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sugauli P.S. Case No. 07 of 2024 dated 07.01.2024 registered for the offences punishable u/ss 447, 448, 341, 323, 324, 354, 504, 307, 506, 379 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant demanded his debt amount of Rs. 8000/- from the co-accused, Raju Sahni, in the meantime, the petitioner arrived there and abused him. It is further alleged that the petitioner assaulted the informant with bhala causing injury on his leg. The other co-accused persons also came with lathi and bhala and assaulted the informant's daughter due to which she sustained head injury. They also assaulted the family members of the informant and snatched Rs. 20,000/- from the box, gold and silver ornaments and threatened him to set his house on fire.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33101 of 2024(2) dt.07-05-2024 2/2 the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the petitioner was not present at the place of occurrence. As per the injury report of the injured, the injury is simple in nature which is on non vital part of the body. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Sugauli P.S. Case No. 07 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T