← Library
Patna High CourtCR. MISC./38831/2024allowed

Bhushan Sahnni @ Bhushan Kumar v. The State Of Bihar

2024-05-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38831 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Bhushan Sahnni @ Bhushan Kumar Son of Late Harendra Sahni R/O VillageJan Mohammadpur, P.S.- Sarairanjan, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 325, 307, 379, 506/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, due to previous dispute, petitioner along with other co-accused persons, armed with desi pistol and iron rod, came to the house of the informant and assaulted to the husband and other family members of the informant as a result which her husband received gun shot injury on his arm.

Patna High Court CR. MISC. No.38831 of 2024(2) dt.17-05-2024 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The specific allegation of firing is levelled upon coaccused Jai Kishun Sahni to which informant's husband sustained fire arm injury. There is delay of 8 days in lodging the FIR, which creates doubt in prosecution story. Petitioner is not namedi n the F.I.R. and his name sprang up in this case during investigation. Petitioner has got no criminal antecedent and languishing in judicial custody since 29.03.2024. similarly situated co-accused Haresh Sahni has already been granted bail vide order dated 10.01.2024, passed in Cr. Misc. No. 85650 of 2023 by this Court.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.38831 of 2024(2) dt.17-05-2024 3/3 of the learned Judicial Magistrate 1st Class, Samastipur in connection with Sarairanjan P.S. Case No. 182 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T