Budhiyar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41374 of 2022 Arising Out of PS. Case No.-423 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== BUDHIYAR SAHNI Son of Late Sukhdeo Sahni Resident of village - Pohaddi, P.S.- Bahera, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 143, 341, 323, 324 & 308 of the Indian Penal Code.

The petitioner in association of other co-accused is said to have assaulted the informant by means of fists and slaps. The allegation against this petitioner is that he assaulted the informant by means of farsa. The reason behind the occurrence

Patna High Court CR. MISC. No.41374 of 2022(2) dt.24-11-2022 2/2 is said to be land dispute.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The injuries sustained by the victim is simple in nature. There is admitted land dispute between the parties. Petitioner is aged about 75 years and has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bahera P.S. Case No.423 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T