Bhanu Sahani @ Bhanu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9355 of 2021 Arising Out of PS. Case No.-191 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== Bhanu Sahani @ Bhanu Sahni Son Of Jai Narayan Sahni Resident Of Village - Kothiya, P.S.- Madhuban, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar endra Nath Verma For the Opposite Party/s :
Mr. Shailendra Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Madhuban P.S. Case No. 191 of 2020 registered for the offence punishable under Sections 435, 387, 504, 506/34 of the Indian Penal Code. As per the prosecution case, petitioner in association with other F.I.R. named accused persons used to demand extortion money of fifty thousand and they are involved in threatening, snatching and abusing the informant. It is alleged that petitioner with other coaccused persons set ablaze informant's Vikram bearing Registration No. BR 05 GB 4664 by pouring Kerosene Oil due to non fulfillment of demanded extortion money.
Patna High Court CR. MISC. No.9355 of 2021(2) dt.27-07-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner and the informant are agnates and having a money dispute between them and the only material against the petitioner is an unsubstantiated allegation of being a member of an unlawful assembly and no specific allegation is levelled against him. He further submits that there is a delay of three days in filing of the F.I.R. as the occurrence took place on 18.06.2020 and the F.I.R. has been lodged on 21.06.2020., without any explanation. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.
The petitioner has no criminal antecedent and has been languishing in custody since 06.07.2020. Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madhuban P.S. Case No. 191 of 2020.
(Anjani Kumar Sharan, J) GAURAV S./- U T