Rudal Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.201 of 2019 Arising Out of PS. Case No.-337 Year-2017 Thana- MAJHAULIA District- West Champaran ======================================================

1. Rudal Sahani, aged about 23 years (M), son of Kariman Sahni

2. Jainarayan Sahni, aged about 44 years (M), son of Late Jamuna Sahni

3. Arvind Sahni, aged about 24 years, (M), son of Jainarayan Sahni All resident of Village-Majharia Shekh, P.S.-Majhaulia, Dist.-West Champaran ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 06-02-2019 The appellants seek pre-arrest bail in connection with Majhauliya P.S. Case No. 337 of 2017, registered for offences punishable under Sections 341, 323, 147, 148, 149, 332, 353, 307, 427 and 342 of the Indian Penal Code and Section 3(2)(va) of SC/ST Act.

Allegation against the appellants is of damaging the police vehicle and also attacked on police party and causing injury to some of the police personnel.

Submission of learned counsel for the appellants is that a large number of persons have been made accused in this case and no specific allegation has been attributed against them and considering the same, other co-accused persons having similar

Patna High Court CR. APP (SJ) No.201 of 2019 dt.06-02-2019 2/2 allegation have been granted anticipatory bail by a Coordinate Bench of this Court vide judgment dated 05.09.2018 passed in Criminal Appeal (SJ) No.1879 of 2018.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above, let the appellants, above named, be surrendered within a period of six weeks and on surrender they will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in connection with Majhauliya P.S. Case No. 337 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Accordingly, this appeal is allowed and the impugned order is set-aside.

(Vinod Kumar Sinha, J) Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date