Sanjay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38661 of 2024 Arising Out of PS. Case No.-437 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Sanjay Sahani S/O Chandardeo Sahani R/O Siswaniya, P.S- Ramgarhwa, Distt.- East Champaran.

2.

Arjun Sahani S/O Chandardeo Sahani R/O Siswaniya, P.S- Ramgarhwa, Dist.- East Chmaparan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Ramgarhwa P.S. Case no. 437 of 2023 instituted for the offence under Sections 147, 148, 149, 341, 323, 302, 504, 506 of the Indian Penal Code.

3. As per allegation in the FIR, allegation against the petitioners along with co-accused persons is that they assaulted the informant's father due to which he sustained injury and died on way to hospital.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.38661 of 2024(3) dt.09-07-2024 2/3 petitioners has submitted that petitioners are innocent and have committed no offence. From perusal of FIR, it appears the specific allegation is against co-accused Chandradeo Sahni who gave wooden plant blow on the head of the informant's father due to which he died. There is general and omnibus allegation against the petitioner. It is further submitted that other co-accused Ajit Sahni and Gyanti Devi have been enlarged on regular bail by this Court vide order dated 22.2.2024 passed in Cr. Misc. No. 10747 of 2024.

5. Learned APP appearing for the state has opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Ramgarhwa P.S. Case no. 437 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, East Champaran subject to the conditions as laid down under

Patna High Court CR. MISC. No.38661 of 2024(3) dt.09-07-2024 3/3 section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T