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(PETITIONER IN JAIL)

IN THE HIGH COURT OF JUDICATURE AT PATNA

(CRIMINAL MISCELLANEOUS JURISDICTION)

Cr. Misc. No…...….…..OF 2024

In the matter of an application

under Section 439 and 440 of the
Code of Criminal Procedure,

And

In the matter of :-

Dilip Sahni @ Dileep Sahni, Aged About 30 Years, Male, Son of

Kapildev Sahni @ Kapil Sahni, Resident of village:- Raipur, P.S.-

Nanpur, District-Sitamarhi ………….Petitioner

Versus

The State of Bihar …………..….Opposite Party

To,

The Hon`ble Mr. Justice K.Vinod Chandran, the Hon`ble

Chief Justice of the High Court of Judicature at Patna and his
companion justices of the said Hon`ble Court.

The humble Application on

behalf of the petitioners:

This is 1st Regular Bail application on behalf of the petitioner

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MOST RESPECTFULLY SHEWEATH:-

1. That this Criminal Miscellaneous application is being filed for grant

of Regular bail to the petitioner, who has been made accused in
connection with Nanpur P.S Case No. 248/2023 registered for the
offences under Section 302/34 of the Indian Penal Code.

2. That the petitioner has not preferred any such application to this
Hon`ble Court either for grant of anticipatory or for grant of regular
bail in this case on any earlier occasion. No any Regular or
Anticipatory bail application on behalf of the petitioners is pending in
Hon’ble Supreme Court neither in Hon’ble Patna High Court nor in
the Learned Court Below.

3. That petitioner has No criminal antecedents.

4. That the prosecution story in short as per the informant namely sajda
Khatoon is that on 25/05/2023 at 8:00 PM while the younger son of
the informant namely Najare Alam @ Fulbaoo had gone to the
village chowk to take medicine for his wife Tara Parween the
petitioner and other co- accused surrounded him and brutally
assaulted him by means of Lathi, Rod causing injury to him. He was
treated as Nanpur Hospital from where he was referred and during
course of treatment he died on 30/05/2023.

A true photo/ typed copy of

FIR Nanpur P.S case No.
248/2023 is being annexed
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as Annexure -1 with this

application

5. That the petitioners are quite innocent and has committed no offence
as alleged against him.

6. That it is most humbly submitted that the allegation against the

petitioners are false, misleading and concocted.

7. That there is inordinate delay of 5 days in registering the FIR without

any cogent reason which clearly shows the aftermath in registering
the FIR.

8. That from bare perusal of the FIR, it is evident that the informant is
not the eye witnesses of the said incident rather the whole prosecution
story has been made to falsely implicate petitioner in the present case
which clearly arouse a strong doubt on the prosecution story.

9. That petitioner has been made scape goat in the present case as a
result of dirty village politics as both the parties resides in the same
village and out of personal grudge and vengeance the entire family
has been made accused in the present case.

10.That the co accused persons namely shivjee sah has been granted Bail
by this Hon’ble Court vide Cr. Misc No. 73601 of 2023 dated
17/02/2024 and another co accused persons namely rajan kumar @
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Ranjan sahni was also granted bail Vide Cr.Misc No. 26311 of 2024
dated 19\04\2024 respectively.
A True/photo type copy of the
order dated 17\02\2024 as well
as 19/04/2024 is being
annexed as annexure- 2 with
this application.
11.That the petitioner has been falsely implicated in this case due to
personal grudge, vengeance and with an ill motive of harassment.

12.That no incriminating material has been recovered from the

consicious possession of the petitioner. He has nothing to do with the
alleged occurrence.

13.That the allegation against the petitioner is general and omnibus in

nature. There is no specific allegations against this petitioner.

14.That the petitioner is languishing in jail since 07\08\2024 for no fault

on his part.

15.That in the facts and circumstances of the case, the petitioner

deserves to be enlarge on regular bail.

16.That the petitioner is prepared to furnish sufficient bail bond and

further prepared to abide by the terms and conditions imposed by this
Hon`ble Court.

17.That the petitioner is peace willing and law abiding citizen of India.
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18.That the petitioner preferred his regular bail application before the
learned court of District And Sessions Judge, Sitamarhi in Nanpur
P.S Case No. 248/2023 vide B.P No. 961/2024 which was heard and
rejected vide Order dated 18\09\2024 passed by Learned Sessions
Judge, Sitamarhi.

It is therefore prayed that your

lordships may graciously be
pleased to allow this application
and enlarged the petitioner on
Regular bail in connection with
Nanpur P.S case No.248/2023
after furnishing sufficient bail
bond to the satisfaction of
Learned Sessions Judge,
Sitamarhi.
And / Or

Pass such other order / orders as

your lordships may deem fit and
proper in the facts and
circumstances of the case in the
interest of justice.

And / Or

For this the petitioner shall ever pray.

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AFFIDAVIT

I, ……………….., aged about….years, Male, Son of

……………………. Resident of Village-

………………………….P.S.-……………… District- Sitamarhi , do

hereby solemnly affirm and state as follows:-

1. That I am Maternal Brother of the petitioner in this case and

therefore well acquainted with the facts and circumstances of the

case.

2. That the contents of this application have been read over and

explained to me in Hindi, which I have fully understood the same

and which are true to the best of my knowledge.

3. That the annexures is true / typed copy of the respective original.

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(PETITONER IN JAIL)

IN THE HIGH COURT OF JUDICATURE AT PATNA

(Criminal Miscellaneous Jurisdiction)

Cr. Misc. No………………….OF 2024

Dilip Sahni @ Dileep Sahni ………Petitioner

Versus

The State of Bihar ……..…….Opposite Party

Subject – Regular Bail

INDEX

Serial Particular Page No.

No.
1. Type copy of the Criminal Miscellaneous 01--
Application with Affidavit and Identity Proof.
2. Annexure-1 A true photo/ typed copy of FIR
Nanpur P.S case No.248/2023
3 Annexure-2 A True/type copy of order dated
17\02\2024 and 19\04\2024
3. IMPUGNED ORDER
4. VAKALATNAMA

s
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FIR Named Accused List:-

Shivji sah

Sunder sah

Ravinder sah

Ashok sah

Bikram das

Younger son of Munna sahni

Younger son of itwa wali

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NOTICE

From; Mr.Ayush Kumar, Advocate

Email:[email protected]:9910885089

A/C :- Anil Kumar Ph No. 8294217578

To :- 1. Mr. Advocate General

State of Bihar, Patna

Ref :- Cr.Misc No. of 2024

Dilip Sahni @ Dileep Sahni ……. Petitioner

Versus

The State of Bihar & Others …….. Opposite Party

Sir,

Please take notice that an Application is being filed

on behalf of the petitioner and one copy of the same
is being served upon your kind use.

Acknowledge the receipt of the same.

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