Makurdhan Sahani @ Mukurdhan Sahani @ Makurudhan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81082 of 2024 Arising Out of PS. Case No.-234 Year-2024 Thana- HUSSAINGANJ District- Siwan ====================================================== Makurdhan Sahani @ Mukurdhan Sahani @ Makurudhan Sahani, S/O Late Ram Ugai Sahani, R/O Village- Sareya, P.S.- Husainganj, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-01-2025 Heard Mr. Tribhuwan Narayan, learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The application for grant of bail to the petitioner who is in custody in connection with Husainganj P.S. Case No. 234 of 2024 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 326 and 504 of the Indian Penal Code.
3. The allegation against the petitioner is of causing Fasuli blow over the stomach of the brother of the informant causing grievous injury.
4. Learned Advocate appearing on behalf of the petitioner drawing the attention of this Court to the FIR primarily
Patna High Court CR. MISC. No.81082 of 2024(2) dt.10-01-2025 2/3 contended that the alleged occurrence has taken place on account of a trifle. There was no premeditation and intention to cause injury, however, only on account of a scuffle which took place between both the parties, some injury has been caused to the informant and others. Since the petitioner was associated with the other co-accused persons, his name has been implicated in this case with specific allegation. It is further contended that there is no eye witness to the alleged occurrence and moreover, the occurrence is said to have taken place on 23.06.2024, however, the first information report was lodged on 24.06.2024 on the next day. It is lastly contended that one of the co-accused person namely Pannalal Sahani @ Pannalal Sahni has been accorded the privilege of regular bail by this Court in Criminal Miscellaneous No. 70427 of 2024 and the petitioner bears fair antecedent.
5. On the other hand, learned Additional Public Prosecutor for the State vehemently opposes the bail application and submits that the specific allegation has been levelled against the petitioner of causing fasuli blow, due to which the injured has sustained serous injury. So far Pannalal Sahani @ Pannalal Sahni is concerned, against whom there was only allegation of exhortation.
Patna High Court CR. MISC. No.81082 of 2024(2) dt.10-01-2025 3/3
6. Regard being had to the submissions made on behalf of the parties and considering the serious nature of accusation of causing of fasuli blow leading to grievous injury, this Court is not acceded to the prayer of the petitioner for bail at present. The prayer for bail of the petitioner stands rejected. However, the petitioner may renew his prayer for bail after six months or framing of charge.
(Harish Kumar, J) supratim/- U T