Raju Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67719 of 2023 Arising Out of PS. Case No.-180 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== 1.

RAJU SAHNI son of Surat Sahni @ Ramsurat Sahni Village- Basanta Jahanabad Ps- Lalganj Dist- vaishali 2.

Arvind Sahni @ Arvind Kumar son of Chulhai Sahni Village- Basanta Jahanabad Ps- Lalganj Dist- vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Lalganj P.S. Case no. 180 of 2019 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 324, 395, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act which was earlier withdrawn by order dated 23.3.2022 passed in Cr. Misc. No. 30398 of 2021. As per allegation in the FIR, 25-30 unknown accused persons with FIR named accused persons came to the house of the informant laced with deadly weapon for committing dacoity.

Patna High Court CR. MISC. No.67719 of 2023(3) dt.01-12-2023 2/3 On alarm being raised by the informant, accused Bhim Sahni opened fire. Petitioners assaulted to Dinesh Rai by means of sword over his head. It is further alleged that accused persons taken away ornaments worth Rs. 1,50,000/- and cash of Rs. 25,000/- and also damaged motorcycle parked outside the house of the informant.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated int his case due to previous enmity. As per injury report, Dinesh Rai has received simple injury to whom the petitioners have allegedly assaulted. He has got no criminal antecedent. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Lalganj P.S. Case no. 180 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of

Patna High Court CR. MISC. No.67719 of 2023(3) dt.01-12-2023 3/3 the like amount each to the satisfaction of learned ACJM XIV, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U