Rakesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84551 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== Rakesh Sahni S/O Ram Bilash Sahni R/O Village- Sheratol, Mankauli, P.S.- Singhwara, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-03-2024 Heard Mr. Kumar Praveen, learned counsel appearing on behalf of the petitioner and Mr. Awadhesh Kumar Singh, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Singhwara P.S. Case No.30/2023 registered for the offences punishable under Sections 341, 323, 325, 307, 354, 379, 504, 506/34 of the Indian Penal Code .

3. As per the allegation made in the FIR, the petitioner assaulted the informant, who had allegedly demanded his wages amounting to Rs.94,000/- from him. The petitioner allegedly had also snatched a locket worth Rs.25,000/- and had tried to strangulate the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has

Patna High Court CR. MISC. No.84551 of 2023(3) dt.21-03-2024 2/3 falsely been implicated in the present case due to dirty village politics. He further submitted that similar allegation has been made against the father of the petitioner, who has been released on bail by a Co-ordinate Bench of this Court, vide order dated 02.08.2023 passed in Criminal Miscellaneous No.40469 of 2023. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Mr. Barun Kumar Singh, learned counsel has tendered his appearance on behalf of the informant and has vehemently opposed the prayer for grant of anticipatory bail to the petitioner, he, however, admits that the informant has jointly signed a compromise petition.

6. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

7. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR and the information jointly given by the parties that they have entered into a compromise. The petitioner, if so advised, may surrender before the court below within a period of three weeks from the date of this order and seek for regular bail.

8. If the petitioner files an application and seek for

Patna High Court CR. MISC. No.84551 of 2023(3) dt.21-03-2024 3/3 regular bail, the district court is directed to pass an order on the same day of filing of the application on the basis of evidences on record.

9. In case of non-compliance of the order, this order shall automatically lose its force and the petitioner must be arrested.

10. With the above observation/direction, the present bail application stands disposed of.

(Purnendu Singh, J) chn/- U T