Patna High CourtCR. MISC./9596/2019bail granted

Rajo Sahani And ANR v. The State Of Bihar

2019-02-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9596 of 2019 Arising Out of PS. Case No.-139 Year-2018 Thana- BANMANKHI District- Purnia ======================================================

1. RAJO SAHANI Son of Late Shaini Sahani Resident of Village - Bishanpur Dutt, ward no.- 10, P.S.- Banmankhi, District - Purnia

2. Kundan Sahani Son of Ramotar Sahani Resident of Village - Bishanpur Dutt, ward no.- 10, P.S.- Banmankhi, District - Purnia ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Thakur For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-02-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Banmankhi P.S. Case No. 139 of 2018 for the offence under Sections 147, 148, 149, 341, 324, 307 and 354 of the Indian Penal Code.

Learned counsel for the petitioners is correct in his submission that the allegation of assault is against other coaccused persons and not against the petitioners. He also submits that the allegation, constituting offence under Section 354 of the Indian Penal Code, is just superimposition.

Considering the above submission and the facts and circumstances, this application is allowed.

Let the petitioners above named, in the event of

Patna High Court Cr.Misc. No.9596 of 2019(2) dt.18-02-2019 2/2 their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnia in Banmankhi P.S. Case No. 139 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T