Patna High Court – Orders
Arun Sahni @ Arun Sahani vs The State Of Bihar on 27 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9930 of 2025
Arising Out of PS. Case No.-99 Year-2018 Thana- UJIYARPUR District- Samastipur
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Arun Sahni @ Arun Sahani S/O Upendra Sahani R/O Village- Chandauli,
Ward No. 7, P.S- Ujiyarpur, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Hansraj, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, A.P.P
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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 27-05-2025
Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with
Ujiarpur P.S. Case No. 99 of 2018 lodged on 07.05.2018, for the
offence punishable under Sections 307, 323, 325, 34, 341, 504
& 506 of the Indian Penal Code and later on, section 302 of the
I.P.C. has been added.
3. The allegation in the First Information Report is
that four accused persons including the petitioner were digging
soil to construct the house which was objected to by the
informant and on the order of accused Upendra Sahni to beat
them, co-accused Raja Kumar Sahni, Shyam Kumar Sahni and
Arun Sahni who is the present petitioner, brutally assaulted the
informant’s wife due to which, she sustained injury on her head
Patna High Court CR. MISC. No.9930 of 2025(3) dt.27-05-2025
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and she became unconscious. Subsequently, she was taken to the
hospital from where, she was referred to a higher centre, but
unfortunately, she died.
4. Learned counsel for the petitioner submits that
there are general and omnibus allegations against all the accused
persons including the present petitioner and the FIR has been
lodged after a delay of one week from the date of occurrence. As
a matter of fact, the informant’ wife namely, Maheshwari Devi
had died on account of a train accident and she was treated
during the course of treatment at PMCH. The post-mortem
report of the deceased has also been brought on record by way
of Annexure-3 to the present petition which is indicative of the
fact that the death has been caused due to train accident. It has
further been pointed out by the learned counsel for the petitioner
that on exactly similar allegation, co-accused Shyam Kumar
Sahni who has also been named in the FIR along with the
petitioner, has been granted bail by the Co-ordinate Bench of
this Court vide order dated 10.01.2019 passed in Cr. Misc.
No.70710 of 2018 which has been annexed as Annexure-4 to the
present application, wherein, the post-mortem report had been
taken into consideration.
5. Learned counsel for the informant opposes the
Patna High Court CR. MISC. No.9930 of 2025(3) dt.27-05-2025
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prayer for bail of the petitioner on the ground that there is a
delay in approaching the court for bail.
6. In response thereof, it has been submitted that the
petitioner had approached the court for grant of anticipatory
bail, but however, owing to the Covid-2019 breakout, the
petitioner could not surrender earlier and petitioner is now in
custody since 09.01.2025 with no criminal antecedent and
charge-sheet has already been submitted.
7. Learned APP for the State opposes the prayer for
bail of the petitioner.
8. Taking into consideration the present facts and
circumstances of the case, let the above named petitioner, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned District & Additional Sessions Judge,
Dalsingsarai, Samastipur, in connection with Ujiarpur P.S. Case
No. 99 of 2018.
(Soni Shrivastava, J)
Divyansh/-
U T