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Patna High CourtCR. MISC./66695/2022allowed

Raj Narayan Sahni v. The State Of Bihar

2023-02-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66695 of 2022 Arising Out of PS. Case No.-305 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Raj Narayan Sahni Son Of Late Ram Chandra Sahni Resident Of Village - Chandsarai, P.S.- Mahua, District - Vaishali. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 307 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with 26 other co-accused persons, variously armed, surrounded the informant and others and assaulted them. The specific allegation against the petitioner is that he assaulted by means of farsa due to which informant sustained head injuries.

Patna High Court CR. MISC. No.66695 of 2022(2) dt.07-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties and in the background of land dispute, the name of petitioner has been arrayed in the present case with false and concocted allegations. From the perusal of injury report, mentioned in para 54 of the case diary, it appears that the injury sustained by the informant is caused by hard and blunt substance, which does not corroborate with the prosecution version of the case. It is also submitted that petitioner is languishing in judicial custody since 21.07.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.66695 of 2022(2) dt.07-02-2023 3/3 petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case No. 305 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali, Hajipur.

(Sunil Kumar Panwar, J) nirajkrs/- U T