Siraj Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46497 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== 1.

SIRAJ SAHNI S/O LATE DULLY SAHNI Resident of Village- Nonpur, P.S.- Teghra, District- Begusarai 2.

ARVIND SAHNI S/O SIRAJ SAHNI Resident of Village- Nonpur, P.S.- Teghra, District- Begusarai 3.

SANJAY SAHNI S/O SIRAJ SAHNI Resident of Village- Nonpur, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

At the outset, learned counsel for the petitioners submits that petitioner nos. 2 & 3, namely, Arvind Sahni and Sanjay Sahni have been arrested and as such, the application against them has become infrucutous.

The petitioner no. 1 apprehend his arrest in connection with Teghra P.S. Case No. 155 of 2022 for the offence registered under Sections 341, 323, 324, 326, 307 and 379/34 of the Indian Penal Code.

As per the prosecution story, the informant has alleged that on the order of petitioner no. 1, the father of the Sanjay Sahni and Arvind Sahni, the two sons started assaulting the informant causing injury. Further allegation is of decamping

Patna High Court CR. MISC. No.46497 of 2022(2) dt.02-01-2023 2/2 with Rs. 30,000/- The allegation against the petitioner no.1, Siraj Sahni, who is aged about 60 years is that of an order given and the further allegation of assault is on the two sons i.e. petitioner nos. 2 &3 against whom it has already been submitted that they have been arrested during the pendency of the application. Taking into account the aforesaid facts that the two sons against whom there is allegation of assault have been arrested and the petitioner no.1 is an aged person, the role is that of an order giver, this Court is inclined to grant him privilege of anticipatory bail.

Let the petitioner no.1, Siraj Sahni, in the event of his arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 155 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/NehaU T