Kari Sahni @ Kari Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1402 of 2023 Arising Out of PS. Case No.-243 Year-2020 Thana- WARISNAGAR District- Samastipur ====================================================== Kari Sahni @ Kari Chaudhary Son Of Ram Shareshth Sahni @ Ram Shareshth Chaudhary R/V- Bhado Ghat, P.S.- Warisnagar, District - Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 447, 323, 341, 308, 354, 504 of the Indian Penal Code. The prosecution case in nutshell is that when the informant was sitting at hid door, meantime, petitioner along with other co-accused persons came and started abusing them. When he raised protest, petitioner assaulted the father of informant by means of iron

Patna High Court CR. MISC. No.1402 of 2023(2) dt.28-03-2023 2/3 Khanti due to which he sustained head injuries. When other family members came to his rescue, they were also assaulted. Co-accused Rashrestha Sahni assaulted the mother of informant. Co-accused Laxman Sahni outraged the modesty of informant's sister.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both parties are neighbors and there is case and counter case between them. There is no repetition of blow. Moreover, the petitioner is languishing in judicial custody since 18.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.1402 of 2023(2) dt.28-03-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Warisnagar P.S. Case No. 243 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur. (Sunil Kumar Panwar, J) nirajkrs/- U T