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Patna High CourtCR. MISC./79436/2024bail granted

Sikindra Sahni @ Sikandar Sahni @ Sakindra Sahni v. The State Of Bihar

2024-12-06Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79436 of 2024 Arising Out of PS. Case No.-569 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Sikindra Sahni @ Sikandar Sahni @ Sakindra Sahni Son of Kapildeo Sahni R/O-Village - Dharpur P. S. - Minapur Dist. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2024 Heard Learned Counsel for the petitioner, Learned A.P.P. for the State and Learned Counsel for the informant.

2. The petitioner seeks regular bail in connection with Minapur P.S. Case No. 569 of 2022 lodged on 07.11.2022, for the offences punishable under Sections 341, 323, 147, 149, 379, 506 & 302 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against nine named accused persons including the present petitioner against whom there is allegation that they have assaulted the informant's father by lathi, danda due to which he was badly injured and subsequently, he died.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.79436 of 2024(2) dt.06-12-2024 2/3 submits that from the contents of the FIR, it transpires that there is specific allegation of assault against accused Virendra Sahni, but against other accused persons, there is general and omnibus allegation. Counsel further submits that petitioner has been made accused in this case only due to the reason that he is close relative of Virendra Sahni and with a view to teach lesson, entire family members have been made accused in this case. Counsel submits that the criminal antecedent of the petitioner is clean and he in custody since 01.08.2024. Counsel submits that his anticipatory bail application was earlier rejected vide order dated 10.07.2024 passed in Cr. Misc. No.38936 of 2024. Counsel further submits that other co-accused persons have been granted anticipatory bail by the Co-ordinate Bench of this Court which is annexed as Annexure-3 series.

5. Learned APP for the State and Learned Counsel for the informant vehemently opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, (East) Muzaffarpur in connection with

Patna High Court CR. MISC. No.79436 of 2024(2) dt.06-12-2024 3/3 Minapur P.S. Case No. 569 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T