Vijay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59942 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== Vijay Sahni, Son of Chandeshwar Sahni, Village- Baligaon Mushari, P.S.- Baligaon, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P., Umesh Lal Verma for the State.

2. The petitioner apprehends his arrest in connection with Baligaon P.S. Case No. 07 of 2024 registered for the offences punishable under Sections 147, 148, 149, 323, 341, 504, 506, 307 and 302 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 14.01.2024 at about 10:00 AM, the accused persons came and Ganita Devi started abusing his father, on protest Vijay Sahni (petitioner) assaulted his father by an iron rod causing injury on head, thereafter, Chandeshwar Sahni assaulted him by means of wooden stick

Patna High Court CR. MISC. No.59942 of 2024(2) dt.24-01-2025 2/3 causing injury on his left thumb and the on the right palm. On alarm raised by his father, informant's sister Yashoda came to save him then all the accused persons also assaulted her. Further, Ranjan and Ganita assaulted the informant by a wooden stick. It is next alleged that the petitioner and Ganita also assaulted her sister causing injury on head. The learned Counsel for the petitioner further submits that the petitioner has been falsely implicated in the instant case on account of existing dispute relating to grazing of goat. It is further submitted that allegation of assaulting the father of the informant is against this petitioner and Chandeshwar. It is also submitted that no doubt the father of the informant died during the course of treatment, but then, it cannot be alleged it was on account of assault made by the petitioner that the father of the informant died.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that there is a specific allegation against this petitioner of assaulting the father of the informant by an iron rod causing injury on head, as far as Chandeshwar is concerned, he is alleged to have assaulted by means of a wooden stick and the death has been caused on account of injury suffered by the

Patna High Court CR. MISC. No.59942 of 2024(2) dt.24-01-2025 3/3 deceased on head.

6. Considering the submissions made by the learned APP for the State, this Court is not inclined to grant the privilege of bail to the petitioner.

(Satyavrat Verma, J.) Jyoti Kumari/- U T