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Patna High CourtCR. MISC./62003/2023allowed

Ayodhya Sahni @ Ajodhya Sahni v. The State Of Bihar

2023-10-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62003 of 2023 Arising Out of PS. Case No.-222 Year-2022 Thana- SARAI District- Vaishali ====================================================== 1.

AYODHYA SAHNI @ AJODHYA SAHNI S/o- PRABHU SAHNI VillagePaura Madan Singh Ps- Sarai Dist- Vaishali 2.

Mantu Sahni @ Mantun Sahni son of Sihasan Sahni Village- Paura Madan Singh Ps- Sarai Dist- Vaishali 3.

Lau SAhni @ Lalu Sahni @ Tarkeshwar Sahni son of Dashrath Sahni Village- Paura Madan Singh Ps- Sarai Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 447, 341, 323, 337, 338, 354(A), 354(b), 504, 506 of the Indian Penal Code, Section 27 of the Arms Act and Section 8 of POCSO Act.

3. As per the prosecution case, all the FIR named accused persons including the petitioners and unknown 30-35 unknown persons came at the house of informant and started abusing and also pelting stones and bricks. Co-accused Baiju Sahni and

Patna High Court CR. MISC. No.62003 of 2023(2) dt.17-10-2023 2/3 Sudhir Sahni tried to outrage the modesty of grand-daughter of informant.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against other co-accused persons. Petitioners are only members of the mob. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 31.07.2023 passed in Cr. Misc. No. 42063 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as similarly situated co-accused has been granted anticipatory bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks 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

Patna High Court CR. MISC. No.62003 of 2023(2) dt.17-10-2023 3/3 satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sarai P.S. Case No. 222 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T