Bambam Sahni v. The State Of Bihar
Patna High Court Cr.Misc. No.28380 of 2017 (2) dt.06-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28380 of 2017 Arising Out of PS.Case No. -77 Year- 2015 Thana -PURAINI District- MADHEPURA ======================================================
1. Bambam Sahni Son of Ramphal Sahni Resident of Village - Puraini, Police Station - Puraini, District Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.
06-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Puraini P.S. Case No. 77 of 2015 registered for the offence punishable under Sections 147, 149, 3451, 323, 353, 379, 332, 333, 427, 504 of the Indian Penal Code.
Learned counsel for the petitioner submits that a bare perusal of the First Information Report would show that there are allegations of assault on the police party when the police party had gone to pacify the situation arising out of the assault on the President of Durga Puja Puraini Bazar Committee. Learned counsel
Patna High Court Cr.Misc. No.28380 of 2017 (2) dt.06-07-2017 submits that there is no specific allegation of commission of any overt act against the petitioner. Petitioner has got clean antecedent and co-accused similarly situated to the petitioner has been granted regular bail in Cr. Misc. No. 20882/2017 by a coordinate Bench of this Court. However, learned A.P.P. for the State opposes the prayer for bail. but could not deny the factual situation as appearing from the First Information Report. Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Udakishunganj, District - Madhepura, in connection with Puraini P.S. Case No. 77 of 2015, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.
(Rajeev Ranjan Prasad, J.) Rajeev/- U T