Rajendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65106 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.
Rajendra Sahni Son Of Late Ram Narayan Sahni @ Late Narayan Sahani Resident Of Village Bada, Police Station Khodawandpur, District Begusarai 2.
Sanjeev Kumar Son Of Rajendra Sahni Resident Of Village Bada, Police Station Khodawandpur, District Begusarai 3.
Nikita Kumari D/O Rajendra Sahni Resident Of Village Bada, Police Station Khodawandpur, District Begusarai 4.
Reeta Kumari @ Rita Devi W/O Rajendra Sahni Resident Of Village Bada, Police Station Khodawandpur, District Begusarai 5.
Toni Blaiyer @ Tony Bleyer Son Of Rajendra Sahni Resident Of Village Bada, Police Station Khodawandpur, District Begusarai 6.
Golu Nepoliyan @ Nepoliyan @ Golu Nepolian Son Of Rajendra Sahni Resident Of Village Bada, Police Station Khodawandpur, District Begusarai 7.
Naveen Kumar @ Navin Kumar Son Of Late Umesh Sahni Resident Of Village Bada, Police Station Khodawandpur, District Begusarai 8.
Most. Pramila Devi @ Most. Pramila Devi @ Most. Permila Devi Wife Of Late Umesh Sahni Resident Of Village Bada, Police Station Khodawandpur, District Begusarai ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Prasad, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-10-2023 Heard Mr. Sunil Prasad, learned counsel appearing on behalf of the petitioners and Mr. Nawal Kishore Prasad, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Khodawandpur P.S. Case No.177 of 2023 dated 16.06.2023 registered for the offences punishable under Sections 341, 323,
Patna High Court CR. MISC. No.65106 of 2023(2) dt.17-10-2023 2/3 307, 504, 506/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioners assaulted the informant and her husband, due to which both the sides sustained injuries.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. There is case and counter-case between the parties. Both the sides have sustained injuries. The petitioners in their self-defence may have caused injuries on the informant's side but the same was not intentional. Allegations against them are general and omnibus. They have clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR, as well as, the fact that there is case and counter-case between the parties, allegation against the petitioners are general and omnibus, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks
Patna High Court CR. MISC. No.65106 of 2023(2) dt.17-10-2023 3/3 from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai/Successor Court, Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No.177 of 2023 dated 16.06.2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J.) Ashishsingh/- U T