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Patna High CourtCR. MISC./78821/2024allowed

Kailash Sahni @ Anil Sahni v. The State Of Bihar

2024-11-22Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78821 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- SIMRI District- Darbhanga ====================================================== Kailash Sahni @ Anil Sahni, S/o Jalim Sahni, Resident of Village- Kansi, P.S Simri, Disrict- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Simri P.S. Case No. 252 of 2023, instituted under Sections 341, 323, 324, 325, 307, 504, 506, 427 and 34 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence fifteen accused persons assaulted the informant and causing injury. The accused persons took away the valuables and cash of Rs. 50,000/- of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner has nothing to do with the aforesaid occurrence. He further submits that there is general and omnibus allegation

Patna High Court CR. MISC. No.78821 of 2024(2) dt.22-11-2024 2/2 against the petitioner. He is attributed to be a member of group of 15 persons who assaulted the informant. Injuries on the informant is simple in nature. Similarly situated co-accused persons have been granted anticipatory bail by this Court vide order dated 22.05.2024 passed in Cr. Misc. No. 31262 of 2024. Petitioner has no criminal antecedent. He undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga/ Concerned Court in connection with Simri P.S. Case No. 252 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) khushbu/- U T