Rajesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8740 of 2022 Arising Out of PS. Case No.-183 Year-2021 Thana- KADWA District- Katihar ====================================================== 1.
Rajesh Sahani, Age-27 years, Male, S/o Siyalal Sahani, R/o- Shyamagarh Shukrahat, Sameli, P.S.- Kadwa, Distt- Katihar. 2.
Rama Sahani, Age-33 years, Male, S/o Laddu Sahani, R/o- Shyamagarh Shukrahat, Sameli, P.S.- Kadwa, Distt- Katihar. 3.
Ashik Kumar Sahani, Age-28 years, Male, S/o Lakhan Sahani, R/oShyamagarh Shukrahat, Sameli, P.S.- Kadwa, Distt- Katihar. 4.
Md. Sahi, Age-25 years, Male, S/o Md. Shamim, R/o- Shyamagarh Shukrahat, Sameli, P.S.- Kadwa, Distt- Katihar. 5.
Sujeet Kumar Vishwakarma, Age-22 years, Male, S/o Suresh Mistri, R/oShyamagarh Shukrahat, Sameli, P.S.- Kadwa, Distt- Katihar. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party :
Mr. Satyendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.
The petitioners are apprehending their arrest in connection with Kadwa P.S. Case No. 183 of 2021 for the offence registered under Sections 147, 148, 149, 341, 342, 323, 324, 307, 353, 356, 188, 337, 338, 379, 504 and 506 of the
Patna High Court CR. MISC. No.8740 of 2022(2) dt.24-03-2022 2/3 I.P.C.
The prosecution story, in brief, is that on the alleged date and time of occurrence, the informant alongwith other police personnels reached at the place of occurrence and found that several persons have gathered there and demanded arrest of the person who fired bullet there. It has further been alleged that F.I.R. named accused persons including the petitioners assaulted the police personnels, due to which, they sustained injuries. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Stone pelting is said to have been made. Altogether 28 persons are named in the present case. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on
Patna High Court CR. MISC. No.8740 of 2022(2) dt.24-03-2022 3/3 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Kadwa P.S. Case No. 183 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T