Sighashan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13547 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

SIGHASHAN SAHANI S/O Ram Baran Sahani Resident of Village - Sarotar, P.S. - Dumaria Ghat, District - East Champaran. 2.

Jagdish Sahani @ Jagdish Sahni S/O Ram Baran Sahani Resident of Village - Sarotar, P.S. - Dumaria Ghat, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumeet Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

A supplementary affidavit has been filed on behalf of the petitioners. The same be kept on record.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a

Patna High Court CR. MISC. No.13547 of 2021(3) dt.12-01-2022 2/3 case registered under Sections 447, 323, 324, 325, 307, 379, 506, 147, 148, 149 302 of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation, in short, is that the accused persons assaulted the informant and family members due to which brother of the informant sustained injuries and later succumbed to the injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Specific allegation of assault is alleged against coaccused Birapan Sahani, Ajay Sahani, Lakhan Kumar and Basant Kumar. As far as petitioners are concerned, general and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19

Patna High Court CR. MISC. No.13547 of 2021(3) dt.12-01-2022 3/3 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Dumariya Ghat P.S. Case No. 78 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T