Basant Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60060 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- NIMACHANDPURA District- Begusarai ====================================================== 1.

Basant Sahni Son of Rudal Sahni Resident of Village - Chandpura, P.S.- Neemachandpura, Dist.- Begusarai.

2.

Laxman Sahni Son of Dev Narayan Sahni Resident of Village - Chandpura, P.S.- Neemachandpura, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 147, 149, 448, 341, 307, 427, 379 of the Indian Penal Code. Allegation is that the F.I.R. named accused persons and 25-30 unknown armed with iron rod came at the house of the informant and Ram Narayan Sahni assaulted him with iron rod on his head, due to which he sustained injury and other accused persons assaulted with iron rod to Ram Kumar, Sanjiv Sharma, Raj Kumar Sharma, Ram Bahadur Sharma, Rohit Kumar, Dropdi Devi, Ram Pravesh Sharma, Sunder Sharma, Dilip Sharma and Pavia Devi, as a resutl of which they became injured.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 6.6.2019 and have got no criminal

Patna High Court CR. MISC. No.60060 of 2019(2) dt.23-09-2019 2/2 antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are not named in the F.I.R. Their names have come in course of investigation. It is a case and counter case between the parties. Free fight is alleged to have taken place. Injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. Other co-accused has been granted bail vide Cr.Misc.No.54584 of 2019. On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Neemachandpura P.S. case No.33 of 2019. (Sudhir Singh, J) Narendra/- U T