Vinay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46025 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== VINAY SAHANI S/O GAJAL SAHANI @ GAJO SEHNI R/O VILLAGEBALUVAHI, PS. KHAGARIA, DIST. KHAGARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-09-2023 Heard Mr. Tribhuwan Narayan, learned counsel for the petitioner and Mr. Ram Anurag Singh, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Khagaria PS Case No. 45/2023 dated 18.01.2023 registered for the offence punishable under Sections 323/341 of the IPC and Section 25(1-b)a of the Arms Act.

3. As per First Information Report lodged by Police Inspector that on 18.01.2023, the informant received a call on mobile phone by one Munni Devi who told him that her husband/petitioner was assaulting her and threatened her to kill, arrived at the place of occurrence. The said Munni Devi informed the police that her husband fled away after leaving fire arm in the home which has been seized by the police.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated by his wife by producing fire

Patna High Court CR. MISC. No.46025 of 2023(2) dt.06-09-2023 2/2 arm to the police due to the fact that Munni Devi, wife of the petitioner had earlier lodged an FIR in order to pressurize the petitioner to transfer the landed property in the name of her son who had born from the first marriage of Munni Devi.

5. Regards being had to the submissions made by the parties, taking into consideration the fact that the fire-arm has not been recovered from the conscious possession of the petitioner and the same has been produced to the police by wife of the petitioner with whom the petitioner has got no good terms, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria PS Case No. 45/2023, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T