Shiv Naryan Sahani And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.11231 of 2017 (2) dt.17-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11231 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shiv Naryan Sahani, son of Late Kishoon Sahni.

2. Vilash Sahani, Son of Chalitar Sahani. Both resident of Village- Sirahi Katash, Police Station- Pakarideyal, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Pakarideyal P.S. Case No. 121 of 2016 registered under Sections 147, 148, 149, 302, 307, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that six persons, named in the F.I.R., including the petitioner armed with carbine and country made pistol entered into the boundary wall of the house of the informant. Rakesh Singh and others started indiscriminate firing at Bhikhari Sahani, father of the informant and ward member Raj Kishore Prasad who died. On the sound of firing, mother and

Patna High Court Cr.Misc. No.11231 of 2017 (2) dt.17-03-2017 nephew of the informant came out at verandah then the mother of the informant sustained injury died. The nephew of informant was also shot dead by Rakesh Singh.

The learned counsel appearing on behalf of the petitioner submits that while petitioners are named in the F.I.R. but no overt act have been attributed against them. Having regard to the facts and circumstances of the case and also considering that four persons have died on the spot, at present I am not inclined to enlarge the petitioners on bail and accordingly, their such prayer stands rejected in connection with Pakarideyal P.S. Case No. 121 of 2016 pending in the Court of learned A.C.J.M.- Vth, Motihari, East Champaran. (Rajendra Kumar Mishra, J) sushma/- U T