Dinesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3340 of 2024 Arising Out of PS. Case No.-35 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== 1.
DINESH SAHNI SON OF KAILASH SAHNI R/O VILLAGE- ATARBEL, P.S.- SINGHWARA, DIST.- DARBHANGA 2.
KAMLESH SAHNI SON OF KAILASH SAHNI R/O VILLAGEATARBEL, P.S.- SINGHWARA, DIST.- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shankar Singh, Adv.
For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Singhwara P.S. Case No. 35/2023 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is also submitted that the occurrence is alleged to have taken place on account of dispute relating to passenger, as the petitioners and the informant side, who are auto drivers wanted the passengers to sit in their auto, on which an altercation took
Patna High Court CR. MISC. No.3340 of 2024(2) dt.12-02-2024 2/3 place, as a result of which, the present occurrence is said to have taken place. It is next submitted that Ram Pravesh Sahni is alleged to have assaulted Monu with knife causing injury on chest, while Mukesh Sahni assaulted the informant by sword on his head. It is next submitted that petitioner no.1 herein is alleged to have assaulted the informant on his head by a hockey stick, while petitioner no.2 is alleged to have assaulted Amit Yadav on his head by knife, causing injury. The learned counsel next submits that even from the side of the petitioners, people got injured. It is also submitted that Ram Pravesh Sahni and Mukesh Sahni had moved this Court by filing Cr. Misc. No.
64943/2023, seeking anticipatory bail and the same was allowed by a learned Co-ordinate Bench by order dated 31.10.2023. It is thus submitted that no doubt allegation is of assault but then the F.I.R. has been instituted from both sides and both the sides have received injury and two of the co-accused if not akin are similarly situated to the present petitioners have been granted the privilege of anticipatory bail, as such, the petitioners be also enlarged on anticipatory bail.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
Patna High Court CR. MISC. No.3340 of 2024(2) dt.12-02-2024 3/3 counsel for the petitioners and the fact that Ram Pravesh Sahni and Mukesh Sahni have been granted the privilege of anticipatory bail, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Darbhanga in connection with Singhwara P.S. Case No.35/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T