Pawan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70532 of 2021 Arising Out of PS. Case No.-159 Year-2021 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

PAWAN SAHNI Son of Wakil Sahni Resident of Village - Sonbarsha Ghat, P.S.- Choutham, District - Khagaria.

2.

Bhubneshwar Sahni @ Bhuneshwar Sahni Son of Wakil Sahni Resident of Village - Sonbarsha Ghat, P.S.- Choutham, District - Khagaria. 3.

Wakil Sahni Son of Lakhan Sahni Resident of Village - Sonbarsha Ghat, P.S.- Choutham, District - Khagaria.

4.

Pintu Kumar @ Pintu Sahni Son of Bhubneshwar Sahni @ Bhuneshwar Sahni Resident of Village - Sonbarsha Ghat, P.S.- Choutham, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioner seeks permission to withdraw the present anticipatory bail application against petitioner nos. 1 and 2 as they have been arrested during the pendency of the anticipatory bail application. Permission is accorded.

The petitioner nos. 3 and 4 apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 308, 379 and 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.70532 of 2021(2) dt.28-07-2022 2/3 Learned counsel for the petitioners submits that petitioner no. 3 is a person with clean antecedent and petitioner no. 4 has antecedent of one case and the informant alleges that while he was constructing pillar on his land, the accused persons, including the petitioner, came and started assaulting him from behind, it is next alleged that petitioner received injuries on his head which led to stitching of the wound, it is next alleged that all the accused persons assaulted his wife and sons and snatched ornaments and also took cash Rs. 50,000/- after breaking box.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that allegation of assault is not specific rather is general and omnibus in nature and the occurrence took place on account of land dispute. It is next submitted that petitioners are not criminal and the injuries suffered by the informant and her family members are simple in nature as would be evident from Annexure-2 series to the anticipatory bail application. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 3 and 4, in the

Patna High Court CR. MISC. No.70532 of 2021(2) dt.28-07-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Choutham P.S. Case No. 159 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T