Ramdyal Sahani And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7964 of 2016 Arising Out of PS.Case No. -149 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================
1. Ramdyal Sahani Son of late Mangar Sahani
2. Suresh Sahani Son of Ramdyal Sahani
3. Virendra Sahani Son of late Darshan Sahani
4. Chandeshwar Sahani Son of Mukhlal Sahani .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Neeraj Kumar , Adv. For the Opposite Party/s : Ms. Anita Kumari (App) For the informant : Mr. Shankar Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-04-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State as also learned counsel for the informant. This application for grant of anticipatory bail arises out of Tariyani P.S.Case No. 149/2015, disclosing offences under sections 341, 323, 324, 325, 307, 452, 379, 504/34 of the Indian Penal Code.
Learned counsel for the petitioner seeks permission to withdraw this application to the extent it relates to petitioner no.4 with a liberty to approach the court below for grant of regular bail. This application to the extent it relates to petitioner no.4 is disposed of with a direction that he should surrender before the
Patna High Court Cr.Misc. No.7964 of 2016 (2) dt.08-04-2016 court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merits without being prejudiced by rejection of present application for grant of anticipatory bail. As regard petitioners no. 1, 2 and 3, it is submitted that there is no specific allegation of assault against them. They have no criminal antecedent and there is no likelihood that they would be tampering with the evidence or fleeing from the course of justice.
Considering the above, this application to the extent it relates to petitioners no. 1, 2 and 3 is allowed. Let petitioners no. 1, 2 and 3, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, 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 A.C.J.M., Sheohar in Tariyani P.S.Case No. 149/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
This is subject to the condition that petitioners no. 1, 2 and 3 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
Patna High Court Cr.Misc. No.7964 of 2016 (2) dt.08-04-2016 bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Surendra/- U T