Shibu Sahni @ Shiv Prakash Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56175 of 2023 Arising Out of PS. Case No.-97 Year-2022 Thana- SINGHWARA District- Darbhanga ====================================================== 1.
SHIBU SAHNI @ SHIV PRAKASH SAHNI son of Late Domu Sahni Village- Sanahpur Bujurg Ps- Singhwara Dist- Darbhanga 2.
Somni Devi wife of Shibu Sahni @ Shiv Prakash Sahni Village- Sanahpur Bujurg Ps- Singhwara Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Purushottam Kumar For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 341, 323, 307, 354(B), 380, 427, 452 of the Indian Penal Code and later on, Section 302 of the I.P.C. was added.
3. On the alleged date and time of occurrence, all the F.I.R. named accused persons including these petitioners forcibly entered in the house of informant, armed with weapons, and started assaulting father of informant. It is further alleged that when mother of informant went to save her husband, she was also assaulted by accused persons. It is further alleged that petitioner no. 1 alongwith co-accused Ajay Sahni damaged the motorcycle of the informant, which was standing in the courtyard of the house of informant.
Patna High Court CR. MISC. No.56175 of 2023(2) dt.30-08-2023 2/2
4. It is submitted on behalf of petitioners that there is no allegation of assault against these petitioners and petitioner no. 1 is only alleged to have damaged the motorcycle of the informant. It is further submitted that F.I.R. has been lodged after a delay of six days without any plausible explanation of delay. Petitioners have got clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the delay in lodging the F.I.R. and there is no allegation of assault against these petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Darbhanga in connection with Singhwara P.S. Case No. 97 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T