Malik Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36661 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Malik Sahani Son Of Gangaram Sahni @ Gangaram Shani Resident Of Village- Jayantipur, Ps- Bahera, Distt- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bahera P.S. Case No. 89 of 2023 dated 15.02.2023 registered for the offences punishable u/ss 147, 341, 323, 353, 332, 307, 337 and 427 of the Indian Penal Code. As per the prosecution case, some local miscreants are alleged to have blocked the main road due to an accident in which a child had died and caused hindrance in discharging official duties of the police personnel. The instigated mob pelted stone and damaged private vehicle.

Patna High Court CR. MISC. No.36661 of 2023(2) dt.07-07-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired only on the instance of local Chowkidar. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 20.02.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Benipur, Darbhanga in connection with Bahera P.S. Case No. 89 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T