Yogi Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65838 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== 1.

Yogi Sahani Son of Khakhnu Sahani Village- Madaripur Karan, P.S.- Rampur Hari, District- Muzaffarpur 2.

Shiv Chandra Sahani Son of Nathuni Sahani Village- Madaripur Karan, P.S.- Rampur Hari, District- Muzaffarpur 3.

Ajay Kumar Son of Chinta Sahani Village- Madaripur Karan, P.S.- Rampur Hari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2.

Vide order dated 06.09.2024, the bail application as against the petitioner no.1 was dismissed as withdrawn. Now, this application is being heard only with regard to the petitioner nos.2 and 3.

3.

The petitioners apprehendd their arrest in a case registered for the offence punishable under Sections 147, 148, 341, 323, 307, 354, 504 of the Indian Penal Code. 4.

As per the FIR, the petitioners and other co-accused persons assaulted the informant and his family members by

Patna High Court CR. MISC. No.65838 of 2024(3) dt.03-10-2024 2/3 means of deadly weapons.

5.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the specific allegation is against Yogi Sahani. There is no specific overt act against the petitioners and the injuries of the injured are of simple nature. There is a case and counter-case between the parties and the informant and others have already been granted anticipatory bail by the learned Court below. Petitioners have no criminal antecedent which is also mentioned in para-3 of the bail application.

6.

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

7.

Having regard to the facts and circumstances of the case, let the above named petitioner nos.2 and 3, 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

Patna High Court CR. MISC. No.65838 of 2024(3) dt.03-10-2024 3/3 the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rampur Hari P.S. Case No.104 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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