Nand Lal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67446 of 2025 Arising Out of PS. Case No.-269 Year-2015 Thana- TURKAULIYA District- East Champaran ====================================================== Nand Lal Sahani S/o Late Gena Sahani Resident of village - Kawalpur Kanhi Tola, P.S.- Tukauliya, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Turkauliya P.S. Case No. 269 of 2015, instituted for the offences punishable under Sections 341, 323, 324, 307, 379, 448, 504, 506 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that the petitioner along with other co-accused persons assaulted husband and brother-in-law of the informant by means of axe and iron-rod causing injuries to them.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.67446 of 2025(2) dt.16-09-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of twenty two days in lodging the FIR. Specific allegation of assault has been attributed allegedly against the petitioner, but injury report does not corroborate with the allegation. The petitioner is in custody since 26.05.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 21.08.2025 passed in Cr. Misc. No. 58905 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya P.S. Case No. 269 of 2015, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
Patna High Court CR. MISC. No.67446 of 2025(2) dt.16-09-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T