Kari Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46403 of 2023 Arising Out of PS. Case No.-154 Year-2022 Thana- HAYAGHAT District- Darbhanga ====================================================== 1.

KARI SAHNI Son of Ram Chandra Sahni Resident of village - Badi, Manopur, Police Station - Barisnagar, District - Samastipur. 2.

Bitan Sahani Son of Paltan Sahani Resident of village - Badi, Manopur, Police Station - Barisnagar, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kumar, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Hayaghat P.S. Case No. 154 of 2022 dated 18.10.2022 registered for the offences punishable u/ss 341, 323, 324, 308, 354, 504, 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant was at his house then the petitioners and the co-accused persons came there and demanded Rs. 1000/-. On being objected by the informant, the accused persons assaulted him with iron rod on his head causing injury. When the informant's wife came to

Patna High Court CR. MISC. No.46403 of 2023(3) dt.11-01-2024 2/3 rescue him then the accused persons also assaulted her with iron rod on her head and also gave knife blow on the informant. It is further alleged that the informant's daughter came to rescue him then the accused persons tore her cloth.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioners have no concern with the alleged offence. It is further submitted that there is no repetition of knife blow on the informant and they had no intention to kill him. As per injury report of the injured, the informant sustained incised wound but the nature of injury has not been mentioned. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.46403 of 2023(3) dt.11-01-2024 3/3 each to the satisfaction of learned court concerned, Darbhanga in connection with Hayaghat P.S. Case No. 154 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T