Dismissed¶22

Laldeo Sahni v. The State of Bihar

Patna HC17 Jan 2025CR. MISC./79422/2024

Case brief

AI extract

What is this about?

Anticipatory bail REJECTED - Patna High Court, Cr. Misc. No.79422 of 2024, oral order dt.17-01-2025, Partha Sarthy, J. Arising out of Motipur P.S. Case No.165 of 2020, Muzaffarpur; Ss.302 & 34 IPC. Kidnapping and murder of informant's son, body thrown on railway line; petitioners Laldeo Sahni, Kavindra Sahni and Upendra Sahni named in FIR among eleven accused; four-year delay in seeking bail; direction to surrender in trial Court within four weeks. Counsel: Arun Kumar (petitioners); Mohammed Arif, APP (State).

What did the court decide?

In deciding the anticipatory bail application, the Court took into consideration the allegations against the petitioners, who are named in the FIR, and the allegation that the accused were assailants. ¶22

Laldeo Sahni Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶22

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Motipur P.S. Case No.165 of 2020 (offence punishable under sections 302 and 34 IPC), are entitled to anticipatory bail.

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Ratio / Principle

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Key takeaways

The Court further took into account that the death of the son of the informant took place as a result of assault by the accused persons, together with the delay of almost four years in moving the application for anticipatory bail.ratio¶22
The Court was not inclined to allow the anticipatory bail application, and the application was rejected.ratio¶22
The petitioners were directed to surrender in the learned trial Court within a period of four weeks.

Detailed headnote1 paragraphs

Patna High Court (Partha Sarthy, J), oral order dated 17-01-2025 in Criminal Miscellaneous No.79422 of 2024, arising out of Motipur P.S. Case No.165 of 2020 (Thana Motipur, District Muzaffarpur), registered for offences punishable under sections 302 and 34 IPC. Laldeo Sahni, Kavindra Sahni and Upendra Sahni sought bail apprehending arrest; the prosecution case is that the informant's son was kidnapped by the eleven named accused (including the three petitioners), killed, and his dead body thrown on the railway line. Counsel argued the allegations were general and omnibus, that there was a two-day delay in lodging the FIR, that other co-accused had been enlarged on bail, and that the petitioners' poverty and absence for livelihood explained the late bail application. Taking into account that the petitioners are named in the FIR, the allegation of the accused being assailants, the death of the informant's son by assault by the accused, and the delay of almost four years in moving the anticipatory bail application, the Court rejected the application and directed the petitioners to surrender before the trial Court within four weeks.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79422 of 2024

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Arising Out of PS. Case No.-165 Year-2020 Thana- MOTIPUR District- Muzaffarpur

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

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Laldeo Sahni Son of Keshwar Sahni

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Kavindra Sahni Son of Laldeo Sahni

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Upendra Sahni Son of Laldeo Sahni All resident of Village - Mahwal, P.S. - Motipur, District - Muzaffarpur (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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5 17-01-2025

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Heard learned counsel for the parties.

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The petitioners in this application pray for bail

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apprehending their arrest in connection with Motipur P.S. Case no.165 of 2020 registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

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As per the prosecution case, the informant states that while his son was sitting at darwaza of his house, the eleven named accused persons including the three petitioners herein came variously armed. It is stated that the informant’s son was kidnapped by the accused, killed and his dead body was thrown on the railway line.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. From the FIR itself, it would be evident that there is no specific

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Patna High Court CR. MISC. No.79422 of 2024(5) dt.17-01-2025 2/2

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allegation against them. The allegations are general and omnibus in nature. There is an unexplained delay of two days in lodging of the FIR. Other co-accused have been enlarged on bail. Further referring to the statement made in paragraph no.9 of the petition, it is submitted that the petitioners being poor persons, they were outside of their house in connection with their livelihood and thus the delay in filing the application for anticipatory bail.

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The application for bail is opposed by learned A.P.P. for the State.

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Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners who are named in the FIR, the allegation of the accused being assailants, death of the son of the informant taking place as a result of assault by the accused persons together with the delay of almost four years in moving the application for anticipatory bail, the Court is not inclined to allow the instant application and the same is rejected.

¶23

The petitioners are directed to surrender in the learned trial Court within a period of four weeks.

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(Partha Sarthy, J)

Laldeo Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Laldeo Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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