Sanjay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44903 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- TARIYANI CHOWK District- Sheohar ====================================================== SANJAY SAHNI SON OF LATE JIYA LAL SAHNI RESIDENT OF VILLAGE- NARBARA, PS- TARIYANI, DIST- SHEOHA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Tariyani P.S. Case No.183 of 2022 dated 01.06.2022 registered for the offence(s) punishable under Section(s) 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to an incident of celebratory firing on account of which some persons sustained fire-arm injuries, out of whom one died, though the petitioner is named in the FIR but against him there is no specific allegation and six accused persons including this petitioner have been named in the FIR, out of them five have been granted bail by different Benches of this Court vide orders

Patna High Court CR. MISC. No.44903 of 2023(2) dt.26-07-2023 2/2 passed in Cr. Misc. Nos.75136 of 2022, 15013 of 2023 and 54755 of 2022 and the FIR goes to show that there was no intention on the part of the accused persons including the petitioner to cause fire-arm injuries to the victims and the alleged incident took place accidentally and moreover the petitioner has fair and clean antecedent and he himself surrendered on 15.12.2022 since then he has been languishing in jail.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Having considered the facts and circumstances of this case and above submissions and also the privilege of bail having been granted to co-accused persons mentioned-above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Tariyani P.S. Case No.183 of 2022 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T