Babalu Shahni @ Babalu Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48200 of 2025 Arising Out of PS. Case No.-305 Year-2022 Thana- BARAULI District- Gopalganj ====================================================== Babalu Shahni @ Babalu Sahani, S/o Kapil Dev Sahani, R/o VillageFatehpur, Ward No. 12, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Sahni, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-11-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Barauli P.S. Case No. 305 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.
3. On the fateful day, while the informant alongwith others were returning from Barauli bazaar, in the meanwhile, all the FIR named accused persons including the petitioner armed with various weapons surrounded them and brutally assaulted. It is specifically alleged that this petitioner gave knife blow over the hand of the informant and further assaulted one Ramashankar over his face, due to which both of them have
Patna High Court CR. MISC. No.48200 of 2025(3) dt.04-11-2025 2/3 sustained serious injuries.
4. Learned Advocate appearing on behalf of the petitioner submitted that besides the fact there was previous enmity between the parties, it is the admitted position that both the injuries sustained to the informant and Ramashankar have been found to be simple in nature, as has also been discussed in the impugned order. The petitioner bears fair antecedent and undertakes that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the petitioner inflicted injuries by means of knife, which is a deadly weapon.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the simple nature of injury, coupled with the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.48200 of 2025(3) dt.04-11-2025 3/3 Magistrate, Gopalganj in connection with Barauli P.S. Case No. 305 of 2022, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T