Lalbihari Sahani @ Byashbihari Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76936 of 2023 Arising Out of PS. Case No.-434 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== LALBIHARI SAHANI @ BYASHBIHARI SAHANI S/o Jokhu Sahani R/o Vill - Bardahan, P.S. - Muffasil Motihari, Dist - East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar No 2 For the Opposite Party/s :
Mrs. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 308, 379, 354(A), 504, 34 of the Indian Penal Code.
3. The allegation against the petitioner is that he along with other co-accused persons assaulted the informant by means of iron rod and dabiya.
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. There is no specific overt act against the petitioner. He further submits that the injuries are simple in
Patna High Court CR. MISC. No.76936 of 2023(2) dt.05-12-2023 2/2 nature. 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 the nature of injuries, 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 Motihari Muffasil P.S. Case No.434 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T