Manoj Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53811 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== GOLU SAHNI SON OF SANJAY SAHNI R/O VILLAGE- SOHARTHI, P.S.- JANDAHA, DISTRICT- VAISHALI, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54031 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== MANOJ SAHNI S/o Late Mahavir Sahni R/o Village- Soharthi, P.S.- Jandaha, District- Vaishali, Bihar ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 53811 of 2021) For the Petitioner/s :

Mr. Dharmendra Kumar Paswan, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP (In CRIMINAL MISCELLANEOUS No. 54031 of 2021) For the Petitioner/s :

Mr. Dharmendra Kumar Paswan, APP For the Opposite Party/s :

Mr. Braj Kishore Pd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-04-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 307, 147, 148, 149, 323, 325, 337, 504, 506 and 34 of the Indian Penal Code As per the prosecution case, as a result of fight

Patna High Court CR. MISC. No.53811 of 2021(2) dt.01-04-2022 2/3 between Manoj Sahni and Dheeraj Kumar, it is stated that Manoj Sahni hurled abuses and called the other accused persons. Thereafter, 10 named accused persons including the two petitioners herein started to assault the informant and others and as a result of indiscriminate firing by them the informant and his cousin brother Vijay Kumar Singh sustained firearm injury.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the FIR. Referring to the order of the learned trial Court rejecting the application for bail of the petitioners it is submitted that the allegations are general and omnibus in nature. The petitioners are in custody since 15.5.2021 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the general and omnibus allegations against the petitioners together with petitioners having remained in custody for more than 10 months, the Court directs the two petitioners to be enlarged on bail in connection with Jandaha P.S. Case no. 100 of 2021 on

Patna High Court CR. MISC. No.53811 of 2021(2) dt.01-04-2022 3/3 each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Vaishali at Hajipur. (Partha Sarthy, J) Prakash/- U