Rambabu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15047 of 2020 Arising Out of PS. Case No.-89 Year-2019 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Rambabu Sahani Son of Late Bhutan Sahani Resident of Village- Barahi, P.S.- Tariyani, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-07-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Tariyani P.S. Case No. 89 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code. In the F.I.R., the informant has alleged that on 28-042019 at about 4:00 AM, all the accused persons, named in the F.I.R. including petitioner, entered into the courtyard of informant armed with lathi, danda, gransi, rod and started assaulting informant and when his son came to save him, he was also assaulted. It is further alleged that accused persons also torn the cloth of informant's wife and took away golden chain from her neck.

It is submitted on behalf of petitioner that there is case

Patna High Court CR. MISC. No.15047 of 2020(2) dt.03-07-2020 2/2 and counter case between the parties and the case, lodged from the petitioner's side, was prior to present case i.e. Tariyani P.S. Case No. 85 of 2019 (Annexure - 2). It is further submitted that informant has filed the present case only to save his skin from the case filed from petitioner's side. There is land dispute between the parties. It is also submitted that some of the coaccused have been granted anticipatory bail by the court below itself. The petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances, the anticipatory bail application is allowed.

In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 89 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T