Nandkishor Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75847 of 2023 Arising Out of PS. Case No.-485 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== NANDKISHOR SAHANI SON OF ASHARFI SAHANI RESIDENT OF VILLAGE- RAGHUNATHPUR, P.S.- TURKAULIYA (RAGHUNATHPUR O.P.), DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard the parties.

2. The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 341, 324, 327, 307, 338 of the Indian Penal Code and 27 of Arms Act.

3. The allegation against the petitioner is that he fired a gun shot in the company of his associates and an used cartridge is said to have been recovered from the place of occurrence.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that although there is a n allegation of using fire arm injury but no one is said to have been injured from it. The

Patna High Court CR. MISC. No.75847 of 2023(2) dt.11-12-2023 2/2 specific allegation is against the co-accused Nawab Raja @ Saheb, Raushan Sahani and Bhola Sahani. There is no specific overt act against the petitioner. He further submits that petitioner is only a member of the mob. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Turkauliya P.S. Case No.485 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T