Satto Sahni Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Kedar Jha, Advocate For the Opposite Party/s : Mr. Raj Kishor Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 07-02-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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In the present case, the petitioner is apprehending his arrest in connection with Singhwara P.S. Case No. 97 of 2022, registered for the alleged offence under Sections 147, 148, 149, 341, 323, 307, 354B, 380, 427, 452 and 302 of the Indian Penal Code.

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As per prosecution case, the petitioner and other FIR named co-accused persons forcibly entered in the house of the informant and started assaulting the father of the informant, causing a number of injuries to him. The informant was also assaulted by co-accused Ranjit Sahni, causing fracture of head. The allegation against the petitioner is that he disrobed the mother of the informant and tore her petticoat and blouse. The

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Patna High Court CR. MISC. No.3789 of 2024(2) dt.07-02-2024 2/3

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co-accused Ajay Sahni and Shibu Sahni damaged the motorcycle and also damaged the other household articles. The father of the informant succumbed to his injuries during treatment.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not even member of mob and his name has been falsely dragged in this case. There is no specific allegation of assault against the petitioner and the allegations are mostly general and omnibus against the petitioner and other coaccused persons. From the FIR, background of previous enmity is admitted. The allegation against the petitioner of disrobing the mother of the informant is not believable and allegation on this count are frivolous and mischievous. Similarly placed coaccused persons have been granted anticipatory bail by a Coordinate Bench vide order dated 30.08.2023 passed in Criminal Misc. No. 56175 of 2023. The petitioner has got no criminal history.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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Having regard to the facts and circumstances and submission made on behalf of parties and considering the non specific allegation of assault against the petitioner and further

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Patna High Court CR. MISC. No.3789 of 2024(2) dt.07-02-2024 3/3

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considering the possibility of false implication and grant of anticipatory bail to similarly placed co-accused persons, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class/concerned court in connection with Singhwara P.S. Case No. 97 of 2022 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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Ashish/-

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U T

Satto Sahni v. The State of Bihar

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Satto Sahni v. The State of Bihar

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