Nand Kishor Sahni @ Bullet Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78664 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== Nand Kishor Sahni @ Bullet Sahni Son of Late Jagdish Sahni Resident of Village- Darmahi, P.S.- Falka, Distt.- Katihar (Bihar) ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. N.K. Agarwal, Sr. Advocate Mr.Kumar Rajdeep, Advocate For the Opposite Party :
Mr.Awadhesh Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Dhamdaha P.S. Case No. 278 of 2023 dated 03.12.2023 registered for the offences punishable u/s 147, 148, 149, 323, 324, 325, 307, 379 and 302 of the Indian Penal Code.
3. As per the prosecution case, the petitioner along with others co-accused persons forcibly cultivating the maize field of the informant. On being protested by the informant, the petitioner and the other co-accused persons started assaulting the informant and his uncle, namely, Sanjay Thakur. It is further alleged that the co-accused Sanjit Sahni stabbed the knife on the
Patna High Court CR. MISC. No.78664 of 2024(2) dt.13-11-2024 2/3 back of the informant's uncle due to which he died.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a case and counter case between the parties. The specific allegation is levelled against the co-accused Sanjit Sahni. The allegation against the petitioners is general and omnibus. The other co-accused persons have already been granted bail by this court vide order dated 13.08.2024 passed in Cr. Misc. No. 51536/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.07.2024 as stated at para. 31 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Dhamdaha P.S. Case No. 278 of 2023, with the condition ;- (i). The petitioner is directed to remain physically
Patna High Court CR. MISC. No.78664 of 2024(2) dt.13-11-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T