Baleshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44878 of 2021 Arising Out of PS. Case No.-27 Year-1997 Thana- MAHNAR District- Vaishali ====================================================== Baleshwar Sahni Son Of Late Banke Sahni Resident Of Village- Chakesho, Police Station- Mahnar, District- Vaishali.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Makardhwaj Upadhyay For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with S.T. No.480 of 2017 arising out of Mahnar P. S. Case No.27 of 1997, instituted for the offences under Sections 341, 342, 324, 307/ 34 of the Indian Penal Code and Section 27 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 12.04.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that on 16.02.1997 at about 7.00 hours, he went to market and at about 8.30 hours, he reached Deshrajpur near a clinic of a doctor where two persons were standing, who

Patna High Court CR. MISC. No.44878 of 2021(2) dt.04-01-2022 2/3 asked him to stop. Further one person came out from the clinic and another person took him near a garden. It is further submitted that accused threatened the informant as to why he falsely implicated persons in kidnapping case, on which the informant on the pretext of urinating tried to flee away, but was shot and the bullet hit his thigh.

The learned counsel for the petitioner submits that the petitioner is innocent and he was not even aware that any case was instituted against him. He never received any summon and he was working in Haryana and when he came back home in the year 2021, he came to be arrested. Learned counsel submits that the petitioner is aged about 70 years.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 12.04.2021, he is a person with clean antecedent, chargesheet has been submitted in the case and is aged about 70 years, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IX, Vaishali in connection with S.T. No.480 of 2017 arising out of

Patna High Court CR. MISC. No.44878 of 2021(2) dt.04-01-2022 3/3 Mahnar P. S. Case No.27 of 1997.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T