Shyam Sahani And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.20618 of 2015 (2) dt.09-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20618 of 2015 Arising Out of PS.Case No. -30 Year- 2010 Thana -BELSAND District- SITAMARHI ======================================================

1. Shyam Sahani s/o Late Bhola Sahani

2. Mangal Sahani s/o Ram Shwarth Sahani

3. Gagan Sahani s/o Late Anup Sahani

4. Pappu Sahani s/o Sharan Sahani

5. Shivji Sahani S/o Late Bhola Sahani

6. Guddu Sahani S/o Hari Kishor Sahani All 1 to 6 are residents of Village - Belsand, P.S. - Belsand, District - Sitamarhi (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Kumar Pandey For the Opposite Party/s : Mr. Surendra Pd.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case instituted under Sections 395 of the Indian Penal Code and 17 of C.L.A.Act.

The prosecution story, in brief, is that one Abulesh Akhtar s/o Md. Sadaquat Hussain working in the Nizam Enteprises,Bharat Gas Belsand has alleged that on 23.3.2010 at about 9 o' clock when he was calculating the amounts, which were received against the sale of Gas Cylinders during Saturday and Monday and after calculation he was filling challan for deposit the amounts in Bank, in the meantime more than 500-600 people

Patna High Court Cr.Misc. No.20618 of 2015 (2) dt.09-07-2015 entered into the room with Arms, lathi etc. and asked about Ex. M.P. Md. Anwarool Haque and assaulted the informant and other staff and looted the amount of Rs. 1,72,000/- and also abusing and threatening about the murder of Ex. M.P.. The mob damaged 4 motor cycles, broken the phone and damaged the properties and fled away. It is further alleged that the occurrence of dacoity was preplanned.

It has been submitted on behalf of the petitioners that the petitioners are not named in the FIR. It is further submitted that other co-accused Baijnath Sahani and Suresh Paswan have been granted bail by another bench of this Court. On behalf of the State, it has been submitted that the names of the petitioners have come in course of investigation. Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, 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 learned C.J.M., Sitamarhi, in connection with Belsand P.S.Case No. 30 of 2010 , subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T