Rakesh Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36700 of 2023 Arising Out of PS. Case No.-1039 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Rakesh Kumar Sahni S/O Vishwanath Sahani R/O Village- Vijay Chhapra, P.S- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 1039 of 2022 lodged under Sections 447, 341, 323, 324, 326, 307, 379/34 of the I.P.C.

4. As per the prosecution case, F.I.R. has been filed against four named accused persons including the present petitioner.

5. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that in the F.I.R. the proper allegation against the present petitioner is that he caught the deceased and thrashed knife in the stomach of the victim. Counsel submits that informant and petitioner belong to the same village as they are agnates and due to

Patna High Court CR. MISC. No.36700 of 2023(2) dt.24-06-2023 2/2 land dispute, scuffling took place which resulted into this unfortunate incident.

6. Counsel submits that there is one criminal case pending against the petitioner, in which he is on bail and this case was filed by the informant. He further submits that petitioner is custody since 13.04.2023. Counsel for the petitioner submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No. 1039 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T