Gagan Sahni @ Santosh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53125 of 2022 Arising Out of PS. Case No.-108 Year-2022 Thana- MANSI District- Khagaria ====================================================== 1.

GAGAN SAHNI @ SANTOSH SAHNI Son of Sonelal Sahni Resident of Village - Ekania, P.S.- Mansi, Distt.- Khagaria. 2.

Ritlal Sahni Son of Sonelal Sahni Resident of Village - Ekania, P.S.- Mansi, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Santosh Kumar Singh, Advocate For the State :

Mr.Prem Kumar Jha, APP For the informant :

Mr. Jai Kishor Poddar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant through virtual mode.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners seek bail in a case registered under Sections 341, 323, 325, 307, 379, 504/34 of the Indian Penal Code.

Prosecution case, in short, is that on 02.04.2022 at about 4 O'clock in the evening the informant's husband was returning after feeding his cattle, the accused persons including

Patna High Court CR. MISC. No.53125 of 2022(2) dt.16-12-2022 2/3 the petitioners arrived armed with lathi, iron rod and surrounded him and started to abuse and assault him. Co-accused Medhu Sahni @ Vikash Sahni assaulted informant's husband with iron rod, as a result of which his head got ruptured and blood started oozing. When the informant tried to save him, then Asha Devi and Mridula Devi caught her and petitioner No.1 assaulted her with lathi, due to which her hand got fractured. The accused persons fled away after looting golden earring and chain of the informant.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 25.05.2022 and have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Petitioner No.1 is alleged to have assaulted the informant. The nature of injury is said to be simple. So far the petitioner No.2 is concerned, general and omnibus allegation against him.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case,

Patna High Court CR. MISC. No.53125 of 2022(2) dt.16-12-2022 3/3 the petitioners, above named, is directed be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Mansi P.S. case No.108/2022.

(Sudhir Singh, J) Narendra/- U T