Shaheed Sahni @ Sahdeo Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32460 of 2020 Arising Out of PS. Case No.-98 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.
SHAHEED SAHNI @ SAHDEO SAHNI, S/o Sonelal Sahni @ Sonelala Sahni Resident of Village-Meghaul, Ward No.9, P.S.-Khodawandpur, District-Begusarai.
2.
Kapil Sahni, S/o Sonelal Sahni @ Sonelala Sahni Resident of VillageMeghaul, Ward No.9, P.S.-Khodawandpur, District-Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-02-2021 Heard Mr. Arjun Prasad, learned counsel for the petitioner and learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Khodawandpur P. S. Case No. 98 of 2020 dated 29.05.2020, instituted for the offences under Sections 341, 323, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal Code.
The informant has alleged that he was assaulted by petitioner no. 1 on his head.
The learned counsel for the petitioners has
Patna High Court CR. MISC. No.32460 of 2020(2) dt.12-02-2021 2/3 submitted that there is no specific accusation against petitioner no. 2.
It has further been argued that from the reading of the F.I.R. itself, it would appear that the informant and his brother had fought and only because the petitioners had tried to intervene in that fight, they had been made accused in this case.
The injury report of the informant is on record. Though the opinion has been reserved but from the dimensions of the injuries, it does not appear to be grievous in nature.
After the dispute subsided, the informant has taken a decision not to prosecute the petitioners any further and therefore a compromise petition has been filed before the court below.
Considering the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date
Patna High Court CR. MISC. No.32460 of 2020(2) dt.12-02-2021 3/3 of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Manjhaul, Begusarai, in connection with Khodawandpur P. S. Case No. 98 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) skm/- U T