Sunil Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34323 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================
1. Sunil Shahani,
2. Paltan Sahani,
3. Nagendra Sahani,
4. Sikinder Sahani, All sons of late Ram Prasidhdh Sahani
5. Ram Ekbal Sahani, son of late Nathuni Sahani
6. Ravi Sahani, son of Shyam Sahani All resident of village Asoui Lachchhiram, P.S. Bhagwanpur, Distt. Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate. For the Opposite Party/s : Mr. Yogendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bhagwanpur P.S. Case No. 84 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that there is case and counter case between the parties. The injury has been sustained from both sides. The injury sustained by the complainant side has been enclosed in the counter affidavit as Annexure-3.
Patna High Court Cr.Misc. No.34323 of 2017 (2) dt.24-07-2017 2/3 From the written report it appears that there is general and omnibus allegation against all the petitioners. The injury sustained by the informant side in the instant case has been annexed as Annesxure-4.
From the written report it appears that there is specific allegation against one Shyam Sahani of assaulting the informant with iron rod.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bhagwanpur P.S. Case No. 84 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Vaishali at Hajipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if
Patna High Court Cr.Misc. No.34323 of 2017 (2) dt.24-07-2017 3/3 petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T