Pradeep Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52101 of 2023 Arising Out of PS. Case No.-185 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== 1.
PRADEEP SAHNI SON OF SURESH SAHNI RESIDENT OF VILLAGE - ANTAUR, P.S. - BAHERA, DISTRICT - DARBHANGA 2.
AJEET SAHNI @ AJEET SAHANI @ AJEET KUMAR SAHANI SON OF SURESH SAHNI RESIDENT OF VILLAGE - ANTAUR, P.S. - BAHERA, DISTRICT - DARBHANGA 3.
RANJEET SAHNI @ RANJEET KUMAR SAHNI SON OF BIDESHI SAHNI RESIDENT OF VILLAGE - ANTAUR, P.S. - BAHERA, DISTRICT - DARBHANGA 4.
SURESH SAHNI @ SURESH SAHANI SON OF LATE BAHUR SAHNI RESIDENT OF VILLAGE - ANTAUR, P.S. - BAHERA, DISTRICT - DARBHANGA 5.
BIDESHI SAHNI @ BIDESHI SAHANI SON OF BAHUR SAHNI RESIDENT OF VILLAGE - ANTAUR, P.S. - BAHERA, DISTRICT - DARBHANGA 6.
MANJEET SAHNI SON OF BIDESHI SAHNI @ BIDESHI SAHANI RESIDENT OF VILLAGE - ANTAUR, P.S. - BAHERA, DISTRICT - DARBHANGA ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 308, 379, 354(B), 384, 504/34 of the Indian Penal Code.
3. As per FIR, the prosecution case, in brief, is that on
Patna High Court CR. MISC. No.52101 of 2023(4) dt.12-09-2023 2/3 19.04.2023 at 07 P.M., all the accused persons came at Antaur Chowk, armed with deadly weapons and assaulted the informant. Petitioner no. 5 torn the cloth of the informant and when the informant fell down on the ground, petitioner nos. 3 & 6 snatched Mangal Sutra worth Rs. 20,000/- and took away Rs. 5,000/- from her possession. They also demanded Rs. 1,00,000/- as extortion money.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. There is inordinate and abnormal delay of six days in filing the present FIR without assigning any plausible and convincing reason for the said delay. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is delay of six days in lodging the FIR, let the above named petitioners, be released on bail, in the event of
Patna High Court CR. MISC. No.52101 of 2023(4) dt.12-09-2023 3/3 their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bahera P.S. Case No. 185 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T