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Patna High CourtCR. MISC./48201/2024allowed

Bhushan Sahni @ Bhushan Kumar Sahni @ Tirki v. The State Of Bihar

2024-07-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48201 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.

Bhushan Sahni @ Bhushan Kumar Sahni @ Tirki S/o Late Harendra Sahni R/o vill - Chak Sikandar, P.S. - Tajpur, Distt. - Samastipur 2.

Chandan Kumar @ Chandan Sahni S/o Late Harendra Sahni R/o vill - Chak Sikandar, P.S. - Tajpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sarairanjan P.S. Case no. 182 of 2023 instituted for the offence under Sections 341, 323, 325, 307, 379, 506, 34 of the Indian Penal Code and section 27 of the Arms Act.

3. It is a case of opening fire upon the husband and bhaisur of the informant by co-accused Jai Kishun Sahani and assaulted by the other accused persons along with some unknown.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The petitioners are not named in the FIR rather their name came into light on the basis of statement of

Patna High Court CR. MISC. No.48201 of 2024(2) dt.19-07-2024 2/2 witnesses during investigation. There is no specific overt-act attributed the petitioners. It is also submitted vide para 10 of the petition that during course of investigation, both the victims Gango Sahni and Rudal Sahni have clearly stated that they have not sustained gunshot injury. The petitioners have got no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sarairanjan P.S. Case no. 182 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Samastipur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T