Karu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14286 of 2019 Arising Out of PS. Case No.-656 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== KARU SAHNI aged about 28 years, Son of Lal Babu Prasad Resident of - Purvi Lohanipur, Hunter Road, P.S. and P.O.- Kadamkuan, District - Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sayed Imran Ghani For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State. No one appears on behalf of the informant.
The petitioner, in the present case, is seeking anticipatory bail in connection with Kadamkuan P.S. Case No. 656 of 2018, G.R. No. 7350/2018 registered for the offences under Section 147, 148, 149, 323, 427, 279, 336, 338 and 307 of the Indian Penal Code and 27 of the Arms Act and 3⁄4 of Explosive Substance Act.
Learned counsel for the petitioner submits that on perusal of the first information report, it would appear that after the mishap of e-rickshaw belonging to one Ganga Sahni which dashed with one Wagon-R Car, a large number of persons nearing about 30-40 came with Lathi, iron rods
Patna High Court CR. MISC. No.14286 of 2019(2) dt.11-03-2019 2/3 and stone brick and they started firing on Santosh Kumar causing injury.
It is submitted that so far as this petitioner is concerned, there is no specific allegation of firing against this petitioner. His name has been brought in this case only because he happens to be the same caste of which Ganga Sahni belonged to. Learned counsel submits that nobody has named him either in firing or causing any damage to the cars.
Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail of the petitioner by pointing out that unduly mob had gone to the extent of firing causing bullet injury to one Santosh Kumar. Having heard learned counsel for the parties and on perusal of the records, this court is of the opinion that in absence of any specific allegation against the petitioner of either firing or causing any damage to the cars, in the event of his arrest/surrender in the court below within a period of four weeks from today, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the
Patna High Court CR. MISC. No.14286 of 2019(2) dt.11-03-2019 3/3 like each to the satisfaction of learned A.C.J.M. - 7, Patna Sadar, in connection with Kadamkuan P.S. Case No. 656/2018, G.R. No. 7350/2018, subject to condition that petitioner shall join investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.
(Rajeev Ranjan Prasad, J) Rajeev/- U T