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Patna High CourtCR. MISC./80012/2024allowed

Nitish Sahni @ Nitesh Sahni v. The State Of Bihar

2024-12-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80012 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- Mission District- Sheikhpura ====================================================== Nitish Sahni @ Nitesh Sahni Son of Late Dahu Sahni R/O- VillageNasibchak ,P.S-Mission (Barbigha) , Dist -Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 126, 115(2), 74, 303(2), 109(1), 352, 3(5) of B.N.S.S.

3.

Allegedly, all the F.I.R. named accused persons including the petitioner came with lathi, danda and iron rod and assaulted the informant and his family members. One co-accused person snatched golden chain from the neck of informant's mother. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is specific allegation on petitioner that he has assaulted Avinash Kumar

Patna High Court CR. MISC. No.80012 of 2024(2) dt.03-12-2024 2/2 with iron rod but as per injury report, injury was found simple in nature which is annexed as Annexure-P/2 of the bail application. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and considering the nature of injury and clean antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mission (Barbigha) P.S. Case No.57 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS, 2023.

(Anjani Kumar Sharan, J) priyanka/- U T