Bablu Kumar Sahni @ Babalu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73316 of 2024 Arising Out of PS. Case No.-100 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== Bablu Kumar Sahni @ Babalu Sahni Son of Late Bathu Sahni Resident of Village - Soharthi, P.S. - Jandaha, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Paswan, Adv.
For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Jandaha P.S. Case No. 100 of 2021 lodged on 13.05.2021, for the offences punishable under Sections 147, 148, 149, 323, 325, 337, 504, 307, 506 of the Indian Penal Code read with section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against 10 named accused persons (including the present petitioner) and 200 unknown persons against whom there is allegation that they have assaulted the informant and others and fired pistols upon them.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.73316 of 2024(2) dt.05-12-2024 2/3 petitioner is innocent and has committed no offence. Counsel also submits that upon bare reading of the FIR, it transpires that this FIR has been lodged in two different parts i.e. in the first part, hot discussion took place due to accident and matter was resolved, but in the second part, the allegation is that on the very next day, accused persons along with 200 unknown persons have attacked the informant. Counsel submits that only the name of the petitioner is there in the FIR and nothing specific has been made out against him. Counsel further submits that other co-accused persons have been granted bail by this Court as well as by the Co-ordinate Bench of this Court which is annexed as Annexure-P/2 series.
5. Learned Counsel for the petitioner further submits that the criminal antecedent of the petitioner is clean and he is in custody since 20.06.2024.
6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is general and omnibus allegation against the present petitioner.
7. In the present facts and circumstances of this case, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of Chief
Patna High Court CR. MISC. No.73316 of 2024(2) dt.05-12-2024 3/3 Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 100 of 2021, subject to the conditions as laid down U/s 437(3) Cr.P.C.
(Dr. Anshuman, J) Divyansh/- U T