Kamal Sahani @ Kamaldeep Sahani And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14416 of 2019 Arising Out of PS. Case No.-264 Year-2018 Thana- KASIMBAZAR District- Munger ====================================================== 1.

Kamal Sahani @ Kamaldeep Sahani, Son of Raja Ram Sahani, Resident of Village-Lalu Pokhar, Gorhi Tola, P.S.-Kasim Bazar, District-Munger. 2.

Karan Sahani, Son of Pran Sahani, Resident of Village-Lalu Pokhar, Gorhi Tola, P.S.-Kasim Bazar, District-Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Kumar Sinha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kasim Bazar P.S. Case No. 264 of 2018, registered under Sections 341, 323, 504, 506 and 307/34 of the Indian Penal Code.

The accusation is that four persons named in the F.I.R. including the petitioners having iron rod, pistol and lathi came in front of the house of the informant and started to abuse. When the informant made protest then Santosh Sahni caused injury at his head through iron rod. When his son came to save him then Deo Sahni assaulted through iron rod causing injury at

Patna High Court CR. MISC. No.14416 of 2019(4) dt.18-06-2019 2/2 his head. Thereafter, Kamal Sahni (petitioner no.1) also caused injury at his son through butt of the pistol whereas Karan Sahni (petitioner no. 2) ordered to kill the informant and his son. Learned counsel for the petitioners submits that, in fact, occurrence took place due to petty dispute, in which, petitioners' side also sustained injury, regarding which, Kashim Bazar P.S. Case No. 271 of 2018 is instituted on the basis of written report of co-accused, Santosh Sahni. Further submission is that no specific overt act has been attributed against the petitioners and petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 Chief Judicial Magistrate, Munger, in connection with Kasim Bazar P.S. Case No. 264 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T