Ganga Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43054 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Bindeshwar Sahni Son of Late Sukan Sahni Resident of Village - Chhoti Kothiya, P.S. - Mushahari, District - Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.48386 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Ganga Sahni Son of Late Rambriksha Sahni, Resident of Village - Chhoti Kothia, P.S. - Mushari, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.43054 of 2015) For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) (In Cr.Misc. No.48386 of 2015) For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2015 Since both applications arise out of Mushahari P. S. Case no. 41 of 2015, they have been heard together and are being disposed of by this common order.

The petitioners seek bail in a case instituted under Sections 341, 323, 324, 326A 354, 447 and 504/34 of the Indian Penal Code and later on Section 307 of the Indian Penal Code is added.

Patna High Court Cr.Misc. No.43054 of 2015 (3) dt.10-11-2015 2 / 2 Allegation against the petitioners is that they came at the door of the informant and abused them. On protest made, they torn blouse of the informant, assaulted her and her son and daughter and also threw acid upon them. As a result, they received acid burn injuries.

It has been submitted on behalf of the petitioners that they have got no criminal antecedent. They are in custody since 2.4.2015 and 27.6.2015 respectively. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. Petitioner Ganga Sahni is Gotia of the informant. There is admitted land dispute between them. So far as petitioner no. 1 is concerned, he had done Panchayati between the parties which was not in favour of the informant. Hence, petitioners have falsely been implicated in the present case. On behalf of the State, it is submitted that petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners of both petitions be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of Smt. Anupam Kumari, learned Judicial Magistrate, Ist Class, Muzaffarpur, in connection with Mushahari P.S. Case no. 41 of 2015.

(Sudhir Singh, J) sudip/- U T