Allowed

Navin Sahani v. The State of Bihar

Patna HC15 Nov 2022CR. MISC./41870/2022

Case brief

AI extract

What is this about?

This order grants the petitioner regular bail in connection with a criminal case registered under multiple IPC sections and the Arms Act. The court directed the removal of defects pointed out by the Stamp Reporter and allowed bail on furnishing a bond of Rs. 10,000 with two sureties, noting lack of specific allegations against the petitioner compared to co-accused.

What did the court decide?

Regular bail granted on furnishing a bond of Rs. 10,000 with two sureties; removal of Stamp Reporter defects within one month directed.

Navin Sahani Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41870 of 2022

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Arising Out of PS. Case No.-166 Year-2020 Thana- PARBATTA District- Khagaria

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

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Navin Sahani S/O Boku Sahani R/O Village- Maraiya, Ward No. 06 (Sahni Tola), P.S.- Parbatta (Maraiya), District- Khagaria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Suresh Prasad Singh, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 15-11-2022

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The learned counsel for the petitioner is directed to

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remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioner and the learned APP for the State.

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Petitioner seeks regular bail in connection with Parbatta (Maraiya) P.S. Case No.166 of 2020 registered for the offences punishable under Sections 147, 148, 149, 447, 323, 379, 307, 427, 504 and 506 of the Indian Penal Code and Section 27 of Arms Act.

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As per the prosecution, the informant in her fardbeyan

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Patna High Court CR. MISC. No.41870 of 2022(2) dt.15-11-2022 2/4

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has alleged that while the informant and her family members were inside their house in the mean time, fourteen accused persons armed with different weapons (pistol, farsa, lathi etc) arrived at their house’s doorpost and opened fire, upon which the informant’s husband came out of the house thereafter, he was assaulted by means of lathi, danda, iron rod etc. Thereafter, all the accused persons barged into the house and started assaulting the whole family and one Narayan Sahani demanded Rangdari from them. Further It is alleged that co-accused Dharo Sahani snatched Rs.20000/- from the possession of the informant’s husband, meanwhile other co-accused persons took away some jewelleries and thereafter upon seeing the neighbours assembled at the house all the accused persons fled away from the alleged place.

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The main submissions advanced by the learned counsel Mr. Suresh Prasad Singh appearing for the petitioner are that against the petitioner there is criminal antecedent of one case in which he is on bail and the said case was lodged on behalf of informant’s side of the instant matter and altogether fourteen persons have been made accused including the petitioner but any specific role of the petitioner in committing the alleged crime has not been revealed and he is simply alleged

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Patna High Court CR. MISC. No.41870 of 2022(2) dt.15-11-2022 3/4

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to be a member of the alleged unlawful assembly or mob. Further submission is that co-accused persons named Dharo Sahani, Rajo Devi and Rubi Devi carrying similar nature of allegation have been granted bail by the Court below itself and the petitioner has been languishing in jail since 09.06.2022 and against him the investigation has been completed. Further submission is that both the parties are agnates and in between them there was no good relationship at the time of alleged occurrence.

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Learned APP Md. Ataur Rahman appearing for the State has opposed the bail prayer.

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In view of above submissions and mainly considering the facts that altogether fourteen persons were alleged to have committed the alleged occurrence and against the petitioner who is named in the FIR there is no specific allegation and as per the above submission, some similarly situated co-accused persons are on bail and against the petitioner the investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of petitioner’s prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Parbatta

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Patna High Court CR. MISC. No.41870 of 2022(2) dt.15-11-2022 4/4

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(Maraiya) P.S. Case No.166 of 2020.

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(Shailendra Singh, J.)

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murli/-

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U T

Navin Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Navin Sahani v. The State of Bihar

Case brief

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What did the court decide?

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