Shatrughan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60729 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== SHATRUGHAN SAHNI SON OF PRAMOD SAHNI R/O VILLAGEUMGAON, P.S.- HARLAKHI, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Mr. Gagan Deo Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 353/34 of the Indian Penal Code.

The prosecution story in short is that, about 15-20 females including 2-3 males entered into India from Nepal and loaded some articles on their head. When the police party showed up, all the persons tried to flee away from the spot, after throwing the articles from their head. The police party seized 24 box, each containing 10 kg Chinese apple. All the accused persons tried to stop the vehicle of Naka Party and the petitioner laid in front of police vehicle on the road. It is alleged that the informant tried to pacify the matter but the accused persons attacked the police

Patna High Court CR. MISC. No.60729 of 2022(2) dt.10-01-2023 2/3 party with stones due to which few persons got injured. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific allegation against the petitioner regarding assault. The only allegation against the petitioner is of lying on the road in front of police vehicle. The petitioner has no concern with the co-accused persons or with the seized articles. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

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

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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) 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 Harlakhi P.S. Case No.87 of 2022, subject to

Patna High Court CR. MISC. No.60729 of 2022(2) dt.10-01-2023 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T