Raju Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74598 of 2024 Arising Out of PS. Case No.-492 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Raju Sahni S/o Late Awadh Sahni Resident of village- Hardiya, P.S.- Raghunathpur, O.P, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 324, 308, 385, 354, 504, 506 and 34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the present petitioner with allegation that the petitioner has attacked on the informant by sword due to which head injury has been caused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that both petitioner and informant's side are agnates to each

Patna High Court CR. MISC. No.74598 of 2024(3) dt.22-01-2025 2/3 other and with a partition of some of the property, the dispute has arisen in which scuffling took place. He further submits that antecedent of the petitioner is not clean, there are four criminal cases pending against him and in all cases, he is on bail. He further submits that case diary has been called for with a view to observe the injury report.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that there is a direct allegation of assault against the present petitioner but he admits that from the injury report which is attached with his case diary, it becomes crystal clear that there is one injury appears to be caused by hard and blunt substance and the nature of injury is simple.

6. In this suspect of the matter that one other accused has been directed to be alleged by lathi, petitioner was directed to be alleged by sword, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya (Raghunathpur O.P.) P.S. Case No. 492 of 2023, dated

Patna High Court CR. MISC. No.74598 of 2024(3) dt.22-01-2025 3/3 22.04.2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J) sadique/- U T