Nandlal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33962 of 2023 Arising Out of PS. Case No.-569 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

NANDLAL SAHNI Son of Ram Vilash Sahni Resident of village - Dharpur, P.S. - Meenapur, Distt. - Muzaffarpur 2.

Indal Sahni @ Indal Devi Wife of Nandlal Sahni Resident of village - Dharpur, P.S. - Meenapur, Distt. - Muzaffarpur 3.

Ravindra Sahni Son of Nandlal Sahni Resident of village - Dharpur, P.S. - Meenapur, Distt. - Muzaffarpur 4.

Virendra Sahni Son of Nandlal Sahni Resident of village - Dharpur, P.S. - Meenapur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prakash Shrarma For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2023 Petition for pre-arrest bail of petitioner no.4 is dismissed as withdrawn.

2. Heard learned counsel for the petitioners no. 1, 2 and 3, the State and the informant.

3. Petitioners apprehend arrest in a case registered for the offence punishable under sections 379, 302 and other ancillary sections of the Indian Penal Code.

4. As per the prosecution case, all the accused persons including these petitioners assaulted father of the informant by various means leading to his death.

Patna High Court CR. MISC. No.33962 of 2023(2) dt.25-07-2023 2/3

5. It is submitted on behalf of the petitioners that deceased was 70 years old and was suffering from high blood pressure and asthma. In the inquest report, no injury has been found on his body, as such, he might have died natural death due to falling on the stairs. There is delay of two days in lodging of the FIR and there is no explanation of delay which itself creates doubt over the veracity of the prosecution case. Allegation of assault is general and omnibus against the petitioners and no specific overt act has been alleged against them. Co-accused, with similar allegation, have already been allowed pre-arrest bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 29598/2023. Petitioners claim clean antecedent.

6. Learned counsel for the State as well as the informant oppose the prayer for bail.

7. Considering the rival submissions as well as inquest report and the clean antecedent of the petitioners, no. 1,2 and 3, their prayer for bail is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Minapur Police Station Case No.

Patna High Court CR. MISC. No.33962 of 2023(2) dt.25-07-2023 3/3 569 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T