Allowed

Jai Prakash Sahni v. The State of Bihar

Patna HC17 Apr 2019CR. MISC./3664/2019

Case brief

AI extract

What is this about?

The High Court allowed an application for anticipatory bail to the petitioner in a case involving murder and grievous hurt arising from a land dispute. The court noted the existence of a counter-case against the petitioner and his injuries, granting bail subject to standard conditions.

What did the court decide?

Application for anticipatory bail allowed. Petitioner released on bail on furnishing bail bond of Rs. 25,000 with two sureties upon arrest or surrender.

Jai Prakash Sahni Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3664 of 2019

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Arising Out of PS. Case No.-138 Year-2018 Thana- PATEPUR District- Vaishali

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======================================================

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Jai Prakash Sahni son of Ram Hit Sahni , Resident of Village – Kesarahi, P.S. Patepur, District Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Md. Iftekhar Mahmood ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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5 17-04-2019 This is an application for grant of anticipatory bail in

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connection with Patepur P.S. Case No. 138 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504, 506 of the Indian Penal Code.

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Allegation as per F.I.R. is that the dispute arose with respect to the measurement of land for which a Panchayati was also held, but in that Panchayati, the petitioner protested the same and assaulted the husband of the informant due to which he left out and thereafter all the accused persons came out and assaulted the husband and son of the informant with rod, dabiya and knife due to that they became injured and later on during treatment, the son of the informant died.

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Submission of learned counsel for the petitioner is that as a matter of fact the occurrence took place due to land

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Patna High Court CR. MISC. No.3664 of 2019(5) dt.17-04-2019 2/3

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dispute and counter blast case has been filed by the petitioner against the informant and others and in that occurrence petitioner and his wife also received serious injuries and they were under treatment in P.M.C.H for the period 09.08.2018 to 13.08.2018. Further there is no specific allegation of assault against the petitioner.

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Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner stating that all the accused persons had assaulted the husband and son of the informant and causing injuries to them due to which son of the informant succumbed to the injury.

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Having heard both sides, in view of the facts and circumstances of the case and also considering the fact that there is case and counter case and petitioner has also received injury, which will appear from Annexure-2, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 10, Vaishali at Hajipur, in connection with Patepur P.S. Case No. 138 of 2018, subject to the condition laid down under Section

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Patna High Court CR. MISC. No.3664 of 2019(5) dt.17-04-2019 3/3

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438(2) of the Code of Criminal Procedure.

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This is further subject to the condition that he has to

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appear before the police as and when required, otherwise the prosecution will be at liberty to move for cancellation of his bail bond.

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(Vinod Kumar Sinha, J)

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Amjad/-

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U T

Jai Prakash Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jai Prakash Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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