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Patna High Court - Orders

Saurabh Sanni @ Pandit @ Saurabh Sunny vs The State Of Bihar on 2 March, 2021

Author: Partha Sarthy

Bench: Partha Sarthy

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30548 of 2020
                         Arising Out of PS. Case No.-14 Year-2018 Thana- MANJHI District- Saran
                 ======================================================
                 SAURABH SANNI @ PANDIT @ SAURABH SUNNY Son of Satya
                 Narayan Prasad Yadav, Resident of Village- Chainpur, P.S.- Manjhi, District-
                 Saran at Chapra.
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ravi Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   02-03-2021

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Manjhi P.S. Case No. 14 of 2018 registered for the offence under Sections 307, 147, 148, 149, 341, 342, 324, 332, 333, 337, 338, 188, 291, 437 and 353 of the Indian Penal Code and Section 9 of the Bihar Control of the Use and Play of Loud Speakers Act, 1955.

As per allegation in the first information report, in the procession of immersion of the idol of Goddess, it is stated that the petitioner along with others were playing the D.J. and dance was going on. There was crowd of over 100 - 200 persons, whose actions were vulgar and objectionable. Inspite of request Patna High Court CR. MISC. No.30548 of 2020(3) dt.02-03-2021 2/3 by the informant and other police personnel, they continued with their activities. The police personnel were attacked, as a result of which a number of them suffered injuries.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the first information report are false and concocted. The petitioner has a brilliant political career and it is only with an intention to damage the same, he has been falsely implicated in the present case and as a result of which he was not even able to contest the elections. No benefit would accrue to him as a result of the alleged activities nor has any motive been alleged. The injury reports do not support the allegation of assault by 150 - 200 persons on the police personnel and the petitioner has no criminal antecedent.

The application for anticipatory bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and on perusal of the record, it transpires that co-accused Sachin Yadan @ Shiv Kumar has been enlarged on bail vide order dated 25.2.2019 passed in Cr. Misc. No. 10996 of 2019. However, the said order also refers to the main role in the nuisance / vulgar music on D.J. being played at the instigation of this petitioner.

In the facts and circumstances of the case, this Court Patna High Court CR. MISC. No.30548 of 2020(3) dt.02-03-2021 3/3 is not inclined to enlarge the petitioner on anticipatory bail and the same is rejected.

(Partha Sarthy, J) Spd/-

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