Lakshman Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37754 of 2022 Arising Out of PS. Case No.-436 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

LAKSHMAN SAHNI Son of Nagina Sahni Resident of village - Ajitpur, P.S.- Saraiya, Dist.- Muzaffarpur.

2.

Sakkal Sahni Son of Late Badri Sahni Resident of village - Ajitpur, P.S.- Saraiya, Dist.- Muzaffarpur.

3.

Pankaj Sahni @ Pankaj Son of Virendra Sahni Resident of village - Ajitpur, P.S.- Saraiya, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms/Mrs. Nitu Kumari For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Prosecution's case in short is that these petitiners along with other accused persons assaulted the informant and his family members due to which they sustained injuries and later on father of the informant died during treatment. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.37754 of 2022(2) dt.17-11-2022 2/2 implicated in this case due to previous enmity. Allegation of commission of assault is general and omnibus against all the accused persons and no overt act has been alleged against the petitioners. Similarly situated co-accused has already been allowed bail by a co-ordinate bench of this Court vide Annexure

2. Petitioners have got no criminal antecedent. Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate IV, West Muzaffarpur in Saraiya Police Station Case No. 436 of 2020, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T