Rahul Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63980 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== Rahul Sahni aged about 27 years, Male Son Of Ram Bilash Sahni, Resident Of Village -Sheratol Mankauli, P.S.- Singhwara ,District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Praveen, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Kumar Praveen, learned counsel appearing on behalf of the petitioner and Mr. Syed Ehteshamuddin, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Singhwara P.S. Case No. 30 of 2023 registered for the offence punishable under Sections 341, 323, 325, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, petitioner along with other accused persons had assaulted the informant and had tried to strangulate his cousin.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. He further submitted that similar allegation has been made
Patna High Court CR. MISC. No.63980 of 2023(2) dt.16-10-2023 2/3 against the father of the petitioner, who has been released on bail by a co-ordinate Bench of this Court vide order dated 02.08.2023 passed in Criminal Miscellaneous No. 40469 of 2023. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against the petitioner, father of the petitioner against whom similar allegation was made, has already been released on bail by a coordinate Bench of this Court vide order dated 02.08.2023 passed in Criminal Miscellaneous No. 40469 of 2023. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Darbhanga, in connection with Singhwara P.S. Case No. 30 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.63980 of 2023(2) dt.16-10-2023 3/3
8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically. (Purnendu Singh, J) Niraj/- U T