Dhan Sundar Sahani @ Dham Sundar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57418 of 2023 Arising Out of PS. Case No.-205 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== DHAN SUNDAR SAHANI @ DHAM SUNDAR SAHANI Son of Krishna Sahani R/o vill - Bhagari Tola, P.S. - Chhauradano, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar with Mr. Hemant Ray, Advocates For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 308, 354B, 379, 504 of the IPC and later on added Section 307 of the IPC.

3. As per prosecution case, the allegation against the petitioner along with others is of outraging the modesty to the informant. It is further alleged that the accused persons including this petitioner assaulted the informant and his family members, due to which they sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old

Patna High Court CR. MISC. No.57418 of 2023(2) dt.31-08-2023 2/2 dispute. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. There is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. As per injury report, the doctor opined that the injury is simple in nature. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 28.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Chhauradano P.S. Case No. 205 of 2023.

(Sunil Kumar Panwar, J) arish/- U