Baleshwar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1586 of 2023 Arising Out of PS. Case No.-77 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== BALESHWAR SAHNI S/O SURAJ SAHNI Resident of Village- Makusudan Pakri, P.S.- Lalganj, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rina Sinha, Adv.
For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-04-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
2. Heard learned counsel for the petitioner and the learned APP for the State.
3. Petitioner seeks regular bail in connection with Lalganj P.S. Case No. 77 of 2020 dated 11.03.2020 registered for the offences punishable under Sections 147, 148, 149, 341, 324, 307, 302, 504 and 506 of the Indian Penal Code.
4. The main submissions advanced by petitioner's counsel are that in the present matter, thirteen persons including the petitioner have been named in the FIR and the
Patna High Court CR. MISC. No.1586 of 2023(2) dt.21-04-2023 2/3 name of this petitioner finds place in the last portion of the FIR but he is not stated to be a part of the assailants and according to the informant, some days before the commission of the alleged occurrence, a dispute occurred in between both the parties on account of worship on Chhath Puja, owing to which just one day before the occurrence, the petitioner and co-accused Nandu Sahani allegedly took informant's uncle namely Wakil Sahni with them at their house and started assaulting him but the said allegation is not relevant to the main part of the alleged occurrence and moreover, several coaccused persons have been granted bail by different coordinate Benches of this Court and the petitioner has been languishing in jail since 29.09.2022, having fair and clean antecedent.
5. Learned APP appearing for the State has opposed the bail prayer.
6. Considering the above submissions advanced by petitioner's counsel and mainly the petitioner's fair and clean antecedent and his custody period and also the fact that several co-accused persons are on bail, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.1586 of 2023(2) dt.21-04-2023 3/3 bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Lalganj P.S. Case No. 77 of 2020. (Shailendra Singh, J) annu/- U T