Saheb Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78991 of 2025 Arising Out of PS. Case No.-290 Year-2023 Thana- AURAI District- Muzaffarpur ====================================================== Saheb Sahni, Son of Late Soman Sahani, Resident of Village- Madhuwan Besi, Police Station- Aurai, District- Muzaffarpur, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tripurari Sharan, Adv.
For the Opposite Party/s :
Mr. Pramod Kumar Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-12-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Aurai P.S. Case No. 290 of 2023, registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 354(A)(1)(i), 379, 504 and 506 of the Indian Penal Code.
3. The allegation against the petitioner is of causing assault by means of iron rod alongwith co-accused Nunu Sahni over the head of Ashok Sahni and Rani Devi, due to which they sustained serious injuries, besides the allegation of snatching of valuables and misbehaving with the female member of the informant.
4. Learned Advocate appearing on behalf of the
Patna High Court CR. MISC. No.78991 of 2025(2) dt.01-12-2025 2/3 petitioner taking this Court through the FIR contended that prima facie it appears that an effort has been made to implicate all the family members by making a specific allegation, however, so far the injury which is attributable to the petitioner, the same has been found to be simple in nature, as has been instructed by the petitioner and his family. It is further contended that so far the injury of snatching of valuable and misbehavior with the family members are concerned, the same is nothing but a concocted one. The parties are keeping grudge over each other on account of a land dispute. The petitioner undertakes that he will abide by the terms and condition of this Court and cooperate in the proceeding.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that there is specific allegation against the petitioner of causing iron rod blow over the head of one Ashok Sahni and one Rani Devi.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the accusation levelled against the petitioner, coupled with the submission of the petitioner that the injury is found to be simple in nature, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within
Patna High Court CR. MISC. No.78991 of 2025(2) dt.01-12-2025 3/3 a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Chief Judicial Magistrate, Muzaffarpur in connection with Aurai P.S. Case No. 290 of 2023, subject to the confirmation that the injury which is attributable to the petitioner is simple in nature and also subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T