Vipin Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48656 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== VIPIN SAHANI SON OF KANHAIYA SAHNI RESIDENT OF VILLAGE - CHHOTA BARIYARPUR, P.S. - CHHATAUNI, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-08-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Chhatauni P.S. Case No. 37/2023, registered for offence punishable under sections 341, 323, 447, 307, 379, 504 and 506/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per FIR, dispute took place on a trivial issue. The petitioner along with other accused persons assaulted the informant. They also assaulted informant's brother and snatched away a gold chain from his neck and Rs.5,000/- from his pocket. The petitioner fired on the informant, which hit in his head. On hulla, people assembled and the accused persons fled away after abusing them. The informant was brought to hospital where his

Patna High Court CR. MISC. No.48656 of 2023(2) dt.25-08-2023 2/2 treatment was going on.

4. The learned counsel for the petitioner has submitted that the case has been compromised. There is no specific allegation against the petitioner to assault the informant, rather the allegation is general and omnibus.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, especially clean antecedent of the petitioner as well as the fact that cordial relation has been restored between the parties, let the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 37/2023, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Mahesh/- U T