Rajan Sahni @ Rajan Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46887 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

RAJAN SAHNI @ RAJAN KUMAR SAHNI Son of Late Shanker Sahni @ Late Hari Shanker Sahni Resident of Dheksara, Ward No. 8, P.S. Kishanganj, District- Kishanganj.

2.

Satnarayan Sahni @ Satya Narayan Sahni Son of Ramdev Sahni Resident of Dheksara, Ward No. 8, P.S. Kishanganj, District- Kishanganj. 3.

Rajo Sahni @ Raju Sahni Son of Yogendra Sahni Resident of Dheksara, Ward No. 8, P.S. Kishanganj, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-11-2019 Heard both sides.

Petitioners apprehend their arrest in Kishanganj P.S. Case No.94 of 2019 registered under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

The informant Bijay Paswan alleged that Rajan Sahni, Shankar Sahni and Ranjit Sahni came and began to abuse his brother Dipak Paswan. When the informant asked the reason for abusing his brother, they disclosed that his brother had borrowed money. The informant assured to repay the amount but the accused persons assaulted the informant with lathi and iron rod on the head of the informant. When his another brother and

Patna High Court CR. MISC. No.46887 of 2019(5) dt.20-11-2019 2/3 mother came, they were also assaulted.

Learned counsel for the petitioners submits that there is a counter version being Kishanganj P.S. Case No.95 of 2019 registered under section 307 of the IPC. Satyanarayan Sahni (informant of counter version) was assaulted by the accused persons (informant of the present case and others). The father of petitioner no.1, Harishankar Sahni was also assaulted. Harishankar Sahni died during course of treatment. The informant of the present case Bijay Paswan and others got simple injury which would appear from the injury report as contained in para 22 of the case-diary.

Having considered the facts that both sides appear to have engaged in assault on each other and there is a case and counter case and the injuries found on the person of the informant and others are simple in nature, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Kishanganj in connection with Kishanganj P.S. Case No.94 of 2019, subject to the conditions as

Patna High Court CR. MISC. No.46887 of 2019(5) dt.20-11-2019 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T