Laddo Sahani @ Arun Kumar @ Laddu Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79908 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== Laddo Sahani @ Arun Kumar @ Laddu Sahani Sonn of Deena Nath Sahani Resident of Village - Ramgrhwa Malahi Tola, P.S.- Ramgrhwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-03-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Ramgarhwa P.S. Case No. 103 of 2022 registered for the offences punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.
3. The allegation against the petitioner is to assault informant and others alongwith co-accused persons/family members causing head and other bodily
Patna High Court CR. MISC. No.79908 of 2023(3) dt.07-03-2024 2/3 injuries, having intention to cause their death, where occurrence arises out of local disputes and differences.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated with the present case. It is submitted that allegation of physical assault is very much general and omnibus against this petitioner rather same is specific against co-accused Arvind Sahni. It is also submitted that police submitted final form by exonerating this petitioner but learned Magistrate, after perusal of evidences collected during the course of investigation took cognizance against petitioner under Section 307 of the IPC vide order dated 01.09.2022. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for bail.
6. In view of the facts and circumstances as mentioned above and by taking note of the fact as
Patna High Court CR. MISC. No.79908 of 2023(3) dt.07-03-2024 3/3 allegation of assault is very much general and omnibus against this petitioner rather same is specific against Arvind Sahni, where police upon investigation exonerated petitioner, accordingly petitioner above named, in the event of his arrest or surrender before the learned Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran/concerned Court where the case is pending in connection with Ramgarhwa P.S. Case No. 103 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T