Naresh Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3129 of 2019 Arising Out of PS. Case No.-237 Year-2015 Thana- VAISHALI District- Vaishali ======================================================

1. Naresh Sahani (M) aged about 35 years, son of Gouri Sahni

2. Jagai Sahni (M) aged about 42 years, son of Gouri Sahni.

3. Umesh Sahni (M) aged about 40 years, son of Gouri Sahni

4. Lalu Sahni (M) aged about 30 years, son of Gouri Sahni

5. Birendra Sahni @ Binda Sahni (M) aged about 35 years, son of Musafir Sahni

6. Dahaur Sahni (M) aged about 40 yeas, son of Baijnath Sahni

7. Shambhu Sahni (M) aged about 45 years, son of Baijnath Sahni

8. Suraj Sahni (M) aged about 46 years, son of Rup Dhari Sahni

9. Dhiraj Sahni (M) aged about 36 years, son of Harendra Sahni.

10. Nawal Sharma (M) aged about 45 years, son of Late Jairam Sharma

11. Raju Sahni (M) aged about 52 years, son of Late Brikshi Sahni.

12. Gauri Sahni (M) aged about 65 years, son of Late Yugeshwar Sahni

13. Pappu Das @ Pappu Kumar Das (M) aged about 42 years, son of Satan Das

14. Nawal Sahni (M) aged about 44 years, son of Ganesh Sahni All Resident of Village Sarehattha P.S. Belser (Vaishali), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners are seeking anticipatory bail in connection with Vaishali (Belser) P.S. Case No. 237 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 342

Patna High Court Cr.Misc. No.3129 of 2019(2) dt.28-01-2019 2/3 and 353 of Indian Penal Code and Section 3⁄4 of the Damage of Property Act.

Learned counsel for the petitioners submits that these petitioners have been named in the FIR alleging therein that they were the members of the unlawful mob who were burning the tyres on the road and had disturbed the flow of the traffic. It is submitted on behalf of the petitioners that in the FIR there is no allegation that these petitioners had committed any act of assault and had damaged the public property.

Learned APP for the State is present and has opposed the prayer for bail.

In the given facts and circumstances of the case, considering the nature of allegations where there is no allegation of assault and damaging the public property, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfication of the learned A.C.J.M.-1st, Vaishali at Hajipur in connection with Vaishali (Belser) P.S. Case No. 237 of 2015, subject to the condition that petitioners shall join the investigation by reporting to the Investigating Officer within a

Patna High Court Cr.Misc. No.3129 of 2019(2) dt.28-01-2019 3/3 period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T