Bhairav Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31257 of 2023 Arising Out of PS. Case No.-244 Year-2022 Thana- PATAHI District- East Champaran ====================================================== 1.

Bhairav Sahani S/O Yadolal Sahani @ Yado Sahni R/O Gonahi, P.S- Patahi, Distt.- East Champaran.

2.

Julum Sahani @ Julim Sahani S/O Yadolal Sahani @ Yado Sahni R/O Gonahi, P.S- Patahi, Distt.- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate Ms. Prerna Rishi, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP For the Informant :

Mr. Abhishek Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.

2. Learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1.

3. Permission is accorded.

4. Accordingly, the present anticipatory bail application with respect to petitioner no.1 is dismissed as withdrawn.

5. The petitioner no.2 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

6. Learned counsel for the petitioner submits that the petitioner no2. is a person with clean antecedent and allegation

Patna High Court CR. MISC. No.31257 of 2023(2) dt.31-07-2023 2/2 against this petitioner is of holding the informant and Bhairav Sahani is alleged to have assaulted with knife.

7. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that even the injuries suffered by the injured is simple in nature, further the informant was the aggressor as he had gone to the house of the petitioner and the allegation against this petitioner is ornamental in nature.

8. Learned A.P.P. for the State and the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner.

9. Considering the submissions made by the learned counsel for the petitioner, the petitioner no.2, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Patahi P.S. Case No. 244 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T