Sanjo Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2627 of 2020 Arising Out of PS. Case No.-581 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== 1.

SANJO SAHANI S/o Nago Sahani R/o village- Bhagat Tola, P.S.- Khagaria, Distt.- Khagaria 2.

Kundan Sahani S/o Nago Sahani R/o village- Bhagat Tola, P.S.- Khagaria, Distt.- Khagaria ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Khagaria P.S. Case No.581 of 2019, corresponding to G.R. No. 2221 of 2019, registered for the offence punishable under sections 341, 323, 504, 506, 308 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., there was an altercation between Niraksh Poddar and the petitioner nos. 1 and 2. It is further stated that the informant tried to intervene and settle the matter between them on which the accused persons struck him

Patna High Court CR. MISC. No.2627 of 2020(2) dt.05-03-2020 2/3 on his head with an iron rod.

It is submitted by learned counsel for the petitioners that from perusal of the F.I.R., it would be evident that the occurrence took place at the spur of the moment. It has further been submitted that from perusal of the injury report, which has been dealt with in the order of the Court below, the nature of injury has been found to be simple and the petitioners have no criminal antecedent. It is finally submitted that while the occurrence took place on 21.07.2019, without there being any explanation whatsoever the F.I.R. was lodged after nearly ten days of the occurrence on 01.08.2019.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender in connection with Khagaria P.S. Case No.581 of 2019, corresponding to G.R. No. 2221 of 2019, they will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.2627 of 2020(2) dt.05-03-2020 3/3 satisfaction of learned C.J.M., Khagaria subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J.) amit/- U T