Babu Lal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55047 of 2023 Arising Out of PS. Case No.-360 Year-2022 Thana- UJIYARPUR District- Samastipur ====================================================== BABU LAL SAHNI SON OF LATE JHARI SAHNI VILLAGE - BELARI, P.S. -UJIYARPUR, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ujiyarpur Police Station Case No. 360 of 2022, disclosing offences under Sections 147/148/149/341/323/324/354(B)/379/504/506 of the Indian Penal Code.

The prosecution case, on the basis of the First Information Report, is that the petitioner along with other accused persons assaulted the informant and misbehaved with her and took away gold ornaments and when her son, namely, Ankit Kumar, intervented in the matter, the petitioner assaulted

Patna High Court CR. MISC. No.55047 of 2023(2) dt.30-08-2023 2/3 him with knife causing injury near his mouth. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to dispute regarding passage between the parties. Both the parties are neighbours and injury caused to the son of the informant is simple in nature, as would be evident from the impugned order itself. He further submits that there is counter case also lodged by the side of the petitioner.

Having regard to the submissions made on behalf of the parties and taking into consideration the materials available on records and the fact that both the parties are neighbours, there is case and counter case, the dispute between them is with regard to the passage and injury caused to the son of the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dalsingsarai, Samastipur in connection with Ujiyarpur Police

Patna High Court CR. MISC. No.55047 of 2023(2) dt.30-08-2023 3/3 Station Case No. 360 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T