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Patna High CourtCR. MISC./79368/2023allowed

Brajesh Sahni @ Brajesh Kumar Sahni v. The State Of Bihar

2023-12-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79368 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- NIMACHANDPURA District- Begusarai ====================================================== BRAJESH SAHNI @ BRAJESH KUMAR SAHNI son of Late Bambam Sahni Village- Chandpura W.No-7, Ps- Neemachandpura Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 384, 354(B), 504, 506 and 34 of the Indian Penal Code.

3. As per F.I.R., allegation against the petitioner is that with the help of other co-accused persons came at the house of the informant and the petitioner Brajesh Sahni started abusing the informant and initially demanded Rs. 2,00,000/- as rangdari and assaulted the informant on his head with iron rod and misbehaved with his wife.

4. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Petitioner has got no criminal antecedent mentioned in

Patna High Court CR. MISC. No.79368 of 2023(2) dt.13-12-2023 2/2 Para 3 of the bail application. He further submits that injury report supported the prosecution case but it is not clear that whether the injury was grievous or simple in nature though the injury report was enclosed in the case diary as mentioned in the impugned order.

5. Learned APP has opposes the prayer for bail application.

6. Having regard to the facts and circumstances of the case and arguments of the parties and also perusal of the records which is clear that the nature of the injury was not mentioned in the impugned order, let the above named petitioner, be released on bail, in the event of his arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Neemachandpura P.S. Case No. 15 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ranjeet/- U T