Ram Babu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1966 of 2023 Arising Out of PS. Case No.-40 Year-2022 Thana- JALE District- Darbhanga ====================================================== 1.

RAM BABU SAHNI, aged about 36 years, Gender- Male, Son of Jhagru Sahni 2.

PACHU MUKHIYA @ PACHCHU MUKHIA, aged about 27 years, Gender- Male, Son of Baleshwar Mukhiya Both are R/v- Rampur Pachashi, P.S.- Pupri, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-04-2023

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners seek regular bail in connection with Jalley P.S. Case No. 40 of 2022 dated 21.04.2022 registered for the offences punishable under Sections 341, 323, 427, 302, 504/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioners are that though the petitioners are named in the FIR but there is no specific allegation against them and the FIR goes to show that the alleged occurrence was not pre-planned, petitioner no.1 has been languishing in jail since 06.06.2022 and petitioner no.2 has been languishing in

Patna High Court CR. MISC. No.1966 of 2023(2) dt.24-04-2023 2/2 jail since 30.06.2022 having fair and clean antecedent and similarly situated co-accused persons, namely, Raja Sahni @ Rahul Kumar and Ajit have been granted bail by different coordinate Benches of this Court vide orders passed in Cr. Misc. Nos.36877 of 2022 and 54285 of 2022.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the privilege of bail having been granted to two similarly situated co-accused persons and also the facts that against the petitioners, there is no specific allegation in the FIR and they have fair and clean antecedent and against them, the investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of the petitioners' prayer, let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Jalley P.S. Case No. 40 of 2022. (Shailendra Singh, J) Sanjay/- U T