Gopal Sahni @ Hari Kishore Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11621 of 2021 Arising Out of PS. Case No.-94 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== Gopal Sahni @ Hari Kishore Sahni son of Shivnarayan Sahni Resident of Village- Simri Basant, P.S. Hathauri, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Sunil Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 332, 333, 336, 353, 379, 427 of the I.P.C. Two persons were shot dead by unknown miscreants and in relation of the same, a big number of people had collected in the police station and had indulged in vandalism. A local Choukidar has taken the name of the petitioner also as one of the persons who had taken part in the arson. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits

Patna High Court CR. MISC. No.11621 of 2021(2) dt.14-12-2021 2/2 that petitioner has been made accused on the statement of local Choukidar. He submits that similarly situated co-accused has been granted bail by a Bench of this Court in Cr. Misc. No. 33585 of 2020 on 12.03.2021. He submits that there is no eye witness to the said occurrence. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Hathauri P.S. Case No. 94 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T