Rajesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62469 of 2022 Arising Out of PS. Case No.-111 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Rajesh Sahni, S/O Late Dewal Sahni @ Devnarayan Sahni Resident Of Village- Hakimabad, P.S.- Muffasil, District- Samastipur. 2.

Bishun Kumar @ Vishnu Sahni @ Vishun Sahni, S/O Late Dewal Sahni @ Devnarayan Sahni Resident Of Village- Hakimabad, P.S.- Muffasil, DistrictSamastipur. 3.

Kishun Sahni, S/O Late Dewal Sahni @ Devnarayan Sahni Resident Of Village- Hakimabad, P.S.- Muffasil, District- Samastipur. 4.

Shivji Sahni, S/O Late Bhikhar Sahni Resident Of Village- Hakimabad, P.S.- Muffasil, District- Samastipur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar- Advocate For the Opposite Party/s :

Mr.Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners have antecedent of one case and the informant alleges that his son Abhishek Kumar was returning from his coaching when he was intercepted by the accused persons including the petitioners and Rajesh Sahni forcibly snatched his mobile and bicycle, on which the

Patna High Court CR. MISC. No.62469 of 2022(3) dt.19-06-2023 2/2 informant along with his son went to the house of Rajesh Sahni requesting him to return the bicycle and mobile on which, it is alleged that the accused persons started assaulting Abhishek Kumar. The learned counsel next submits that from perusal of injury report of Abhishek Kumar, it would manifest that the injury is simple in nature. It is next submitted that there is no allegation in the F.I.R., even remotely suggesting that even the informant was assaulted. It is next submitted that even allegation of assault is not specific rather the same is general and in omnibus in nature.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Samastipur in connection with Samastipur (Muffasil) P. S. Case No.111 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T