Lalo Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40385 of 2025 Arising Out of PS. Case No.-59 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Lalo Sahni S/o Late Yugeshwar Sahni R/o - Kasor Kashur, P.S - Warisnagar, District - Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Warisnagar P.S. Case No. 59/2024 dated 26.02.2024 registered for the offence punishable u/ss 302 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the co-accused, Mukesh Sahni came to the house of the informant and started abusing the informant's father. On hearing this, the informant and his family members came out of their house and saw that the petitioner and the co-accused persons holding deadly weapons came to the door of the informant. Thereafter, the

Patna High Court CR. MISC. No.40385 of 2025(2) dt.19-08-2025 2/3 petitioner and the co-accused person, Sonelal Sahni exhorted to kill, in the meantime, the co-accused Mukesh Sahni assaulted the informant's father with an iron rod, causing head injury. Further, the petitioner and the co-accused persons assaulted the informant's father with lathi-danda and when the villagers gathered, they fled away. Further, the villagers called the rural doctor who declared the informant's father dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the petitioner is only the order giver. Nothing has been recovered from the conscious possession of the petitioner. During investigation, police has submitted the charge-sheet has been submitted against the petitioner. The co-accused person has already been granted anticipatory bail by this court vide order dated 07.02.2025 passed in Cr. Misc. No. 52203/2024. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.40385 of 2025(2) dt.19-08-2025 3/3 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, Samastipur, in connection with Warisnagar P.S. Case No. 59/2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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