Bachchan Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.17537 of 2015 (02) dt.12-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17537 of 2015 Arising Out of PS.Case No. -160 Year- 2013 Thana -SHEOHAR District- SHEOHAR ====================================================== Upendra Sahni .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.18181 of 2015 Arising Out of PS.Case No. -160 Year- 2013 Thana -SHEOHAR District- SHEOHAR ====================================================== Bachchan Sahni .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.17537 of 2015) For the Petitioner/s : Mr. Hans Lal Kumar-Advocate For the Opposite Party/s : Mr. Sunil Kr.Panday(A.P.P.) (In Cr.Misc. No.18181 of 2015) For the Petitioner/s : Mr. Hans Lal Kumar-Advocate For the Opposite Party/s : Mr. Madan Kumar(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

Criminal Miscellaneous No.17537 of 2015 wherein Upendra Sahni is the petitioner whereas Criminal Miscellaneous No.18181 of 2015 wherein Bachchan Sahni is the petitioner commonly originate out of Sheohar P. S. Case no.160 of 2013, on account thereof, have been heard together and are being disposed of by a common order.

Patna High Court Cr.Misc. No.17537 of 2015 (02) dt.12-05-2015 On account of protest made by the informant, Gayati Devi over suspicious movement of Bachchan Sahni (petitioner), he began to assault joined by co-accused, Rajesh Sahni, Rakesh Sahni, Upendra Sahni (petitioner), Shail Devi, Kanti Devi, who also assaulted. Her son, deceased, Raju Sah intervened into the matter whereupon all of them assaulted him with fists, slaps, bamboo and Danda, which was facilitated by co-accused, Rima Devi.

From the order impugned, it is also apparent that case of petitioners are not at all distinguishable with the other coaccused including that of Rajesh Sahni, who had already been granted bail vide Criminal Miscellaneous No.7923 of 2014. Accordingly, petitioners, Upendra Sahni and Bachchan Sahni each are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P. S. Case no.160 of 2013.

(Aditya Kumar Trivedi, J) Vikash/- U T