Rahul Sahni @ Rahul Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Rahul Sahni @ Rahul Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioners, in the event of their arrest/surrender before the court below within six weeks, to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Darbhanga, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners, who apprehend arrest in connection with Bahadurpur (Sonaki O.P.) P.S. Case No. 475 of 2023 registered for offences punishable under Sections 341, 323, 354, 379, 308, 504, 506/34 of the Indian Penal Code.

Court's answer

Considering the simple nature of the injuries allegedly caused by the petitioners, anticipatory bail is allowed.

Ratio / Principle

The petitioners are to be enlarged on bail, in the event of their arrest or surrender before the court below within six weeks, on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, in connection with Bahadurpur (Sonaki O.P.) P.S. Case No. 475 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail allowed (Patna High Court, 16-04-2024; Prabhat Kumar Singh, J) for petitioners Rahul Sahni @ Rahul Kumar and Shyam Sahni, apprehending arrest in Bahadurpur (Sonaki O.P.) P.S. Case No. 475 of 2023, District Darbhanga, registered for offences punishable under Sections 341, 323, 354, 379, 308, 504, 506/34 of the Indian Penal Code. Petitioners were alleged to have assaulted the informant and his two sons by means of an iron rod; the injuries were simple in nature and there was a case and counter case. Considering the simple nature of injuries, the court ordered that in the event of arrest/surrender before the court below within six weeks the petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Darbhanga, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 11794 of 2024

Arising Out of PS. Case No.-475 Year-2023 Thana- BAHADURPUR District- Darbhanga

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

1. Rahul Sahni @ Rahul Kumar S/O Ram Briksh Sahni @ Ram Briksh Residence Of Mohalla/Vill- Chakdaha,Ps.- Bahadurpur ( Sonaki O.P) Distt.Darbhanga.

Shyam Sahni S/O Ram Briksh Sahni @ Ram Briksh Residence Of Mohalla/Vill- Chakdaha,Ps.- Bahadurpur ( Sonaki O.P) Distt.- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Kedar Jha, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 16-04-2024

Heard learned counsel for the petitioners and the

State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 354, 379, 308, 504, 506/34 of the Indian Penal Code.

Petitioners are alleged to have assaulted the informant and his two sons by means of iron rod. Injuries allegedly caused by these petitioners are simple in nature. Case and counter case.

Considering the simple nature of injuries, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before

Patna High Court CR. MISC. No. 11794 of 2024(3) dt.16-04-2024 2/2

the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Darbhanga in connection with Bahadurpur (Sonaki O.P.) P. S. Case No. 475 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

Navya/-

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