Samarjeet Kumar @ Samarjeet Sahani @ Khesari Lal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13199 of 2024 Arising Out of PS. Case No.-459 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== 1.
Samarjeet Kumar @ Samarjeet Sahani @ Khesari Lal Sahani son of Rameshwar Sahani Village- Semra Ps- Chiraiya Dist- East Champaran, Motihari 2.
Subhash Sahani @ Subash Sahani son of Rameshwar Sahani Village- Semra Ps- Chiraiya Dist- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 373, 504/34 of the Indian Penal Code.
3. As per prosecution case, petitioner No. 1 is alleged to have given repeated blow of knife on the head of the informant causing grievous injury. Petitioner No. 2 along with co-accused Achchelal Sahani is alleged to have assaulted the informant by means of iron rod.
4. Learned counsel appearing for the petitioners submits that allegation against petitioner no. 2 is general and
Patna High Court CR. MISC. No.13199 of 2024(2) dt.12-03-2024 2/2 omnibus. Petitioners claim clean antecedent.
5. Considering the nature of accusation and injury, prayer for anticipatory bail of petitioner No. 1 is refused. However, considering the general and omnibus allegation, the anticipatory bail with regard to petitioner No. 2 is allowed and it is ordered that the above named petitioner No. 2 in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Sikrahana, East Champaran, Motihari in connection with Chiraiya P. S. Case No. 459 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T