Patna High CourtCR. MISC./61791/2024bail granted

Ganesh Sahni v. The State Of Bihar

2024-09-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61791 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- SAKRI District- Madhubani ====================================================== Ganesh Sahni Son of Lakshmeshwar Sahni R/O Vill.- Nima Baliya, P.S.- Sakari, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP For the Informant :

Mr. Bimal Kumar Jha, Advocate Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sakari P.S. Case No. 68 of 2024, instituted for the offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, husband of the informant was assaulted with bricks and knife causing injury on the chest of her husband by the petitioner along with other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.61791 of 2024(2) dt.04-09-2024 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner further submits that there is no specific allegation attributed towards the petitioner. The allegations levelled against the petitioner is general and omnibus in nature. Specific allegation of giving knife blow to the husband of the informant is against Sushil Sahni. There is case and counter case between the parties. The petitioner is in custody since 06.06.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, case and counter case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sakari P.S. Case No. 68 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T