Surendra Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39816 of 2025 Arising Out of PS. Case No.-1222 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Surendra Sahani S/O Chandrika Sahani Resident of village- Pipariya, Police Station- Turkaulia, distrct- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramendra Kumar Bharti, Adv.
For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-08-2025 Heard Mr. Ramendra Kumar Bharti, learned counsel for the petitioner and Mr. Jai Narain Thakur, learned APP for the State.
2. The petitioner has prayed for bail in connection with Turkauliya P.S. Case No. 1222 of 2023 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code and subsequently section 302 of the I.P.C. was also added into this case.
3. The case of the prosecution is that 15-20 persons armed with sword, iron rod etc., intercepted him and thereafter it is alleged that Santosh Sahni and Manish Kumar Sahni assaulted with farsa on the head of Dadan Kumar Choudhary
Patna High Court CR. MISC. No.39816 of 2025(3) dt.06-08-2025 2/3 who later on succumbed to the injuries.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that from perusal of the FIR, it will transpire that there is no allegation of assault against this petitioner to Dadan Kumar Choudhary. He further submits that Santosh Sahani and Manish Kumar Sahni, who were were having specific allegation of assault to the deceased have been granted bail by Co-ordinate Bench of this Court in Cr. Misc. No. 35414 of 2025 and 32872 of 2025 respectively. The case of this petitioner stands on similar footing. It has lastly been submitted that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 28.10.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.39816 of 2025(3) dt.06-08-2025 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Tukauliya P.S. Case No. 1222 of 2023.
(Ashok Kumar Pandey, J) Sudhanshu/- U T