Rohit Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60872 of 2022 Arising Out of PS. Case No.-248 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== 1.

ROHIT SAHNI S/o Kalewar Sahni R/V- Ghusukpur, Ward no. 3, P.S.- Tariyani, Distt- Sheohar.

2.

KALEWAR SAHNI S/o Late Jang Bahadur Sahni R/V- Ghusukpur, Ward no. 3, P.S.- Tariyani, Distt- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey For the Informant :

Mr. Anup Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

As per prosecution, all the accused persons named in F.I.R. armed with lathi and danda assaulted the husband of the informant as a result of which he sustained injury thereafter he was taken to hospital where the informant's husband was declared dead.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Petitioners have got no criminal antecedent. The informant and the petitioners are next

Patna High Court CR. MISC. No.60872 of 2022(2) dt.08-02-2023 2/2 door neighbours and on pity matter they had not exchange which resulted in this case. There is no specific overt-act has been made against the petitioners rather general and omnibus allegation against them. Moreover, similarly situated co-accused namely Anjani Devi has already been granted bail by a coordinate Bench of this Court vide order dated 25.08.2022 in Cr. Misc. no. 14944 of 2022. Petitioner No. 1 is languishing in custody since 31.10.2021 and Petitioner No.2 is languishing in custody since 10.06.2022.

Learned APP appearing for the State has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Tariyani P.S. Case No. 248 of 2021, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., II, Sheohar. (Sunil Kumar Panwar, J) Ranjeet/- U T