Nilam Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT

PATNA CRIMINAL APPEAL (SJ) No.894 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- VAISHALI DistrictVaishali ============================================= 1.

NILAM DEVI AND ANR Wife of Rakesh Sahni R/o village- Eata Jairam, P.S.- Vaishali, District- Vaishali 2.

Jai Kishun Sahni @ Jaikishun Sahni @ Jai Kushun Sahni Son of Ishar Sa R/o village- Eatadha Jairam, P.S.- Vaishali, District- Vaishali ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ============================================= ========= Appearance :

For the Appellant/s Mr.Rabindra Kumar Priyadarshi,Advocate For the Respondent/s:

Mr.Sadanand Paswan, Special P.P.

============================================= CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 09-04-2019 Heard the parties.

The appellants seek anticipatory bail in connection with Vaishali P.S.Case No. 117 of 2018, registered for offences punishable under Sections 147, 148,149, 341, 323, 342, 379, 353 of the Indian Penal Code and under Section 3(1)R, 3 (1) (S), 3 (2) (VA) of SC/ST (POA) ACT.

The allegation as per the F.I.R. against the appellants is that while a meeting was going on in the official Chamber of B.D.O., the appellants alongwith others came with variously armed and abused and snatched Rs. 2500/- from his pocket and gold chain and taken away the government papers and damaged the public property.

Patna High Court CR. APP (SJ) No.894 of 2019 dt.09-04-2019 2/2 Submission of the learned counsel for the appellants is that they have falsely been implicated in this case and the appellants are not named in the F.I.R. but later on, the name of the appellants surfaced on the basis of some ulterior motive of the police and they have no criminal antecedents.

Heard learned Spl.P.P.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Vaishali at Hajipur in connection with Vaishali P.S.Case No. 117 of 2018, subject to condition as laid down under Section 438 of Cr.P.C. with further condition that they will co-operate in the investigation. With the aforesaid direction, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) sudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.04.2019 Transmission Date 12.04.2019