Harendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50557 of 2022 Arising Out of PS. Case No.-138 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Harendra Sahni S/O Late Uma Sahni R/O Village- Panditpur Malahi Tola, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 324, 307, 379, 504 and 506 read with 34 of the Indian Penal Code. As per the prosecution case, the petitioner and co-accused persons armed with weapons came to the shop of the informant and forcibly demanded the transfer of the informant's residential land in their favour and the co-accused persons started assaulting the informant and her husband. The petitioner caught hold of the hair of the informant and dragged her on the ground and also assaulted her husband with knife with the intent to kill on his head and leg causing severe injuries. It is fur-

Patna High Court CR. MISC. No.50557 of 2022(2) dt.12-12-2022 2/2 ther alleged that the co-accused persons also took away Rs. 50,000/- and other items from the shop.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that injury report has not been mentioned in the impugned order. The petitioner is accused in one more criminal case which is related to Excise Act. The petitioner is in custody since 09.05.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Piprakothi P.S. Case No. 138 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T