Subhash Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26321 of 2019 Arising Out of PS. Case No.-340 Year-2018 Thana- KESARIA District- East Champaran ====================================================== 1.

Subhash Sahni Male Aged about 60 years, S/o Late Daroga Sahani Resident of Chandparsa P.S. -Kesharia, District-East Champaran. 2.

Sanjay Sahani Male Aged about 35 years S/o Late Navbalik Sahani Resident of Chandparsa P.S-Kesharia, District-East Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Subodh Kumar Mishra, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 448, 379 and 413 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Kesharia P.S. Case No. 340 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties, who are Gotias. There is no injury report on record to corroborate the accusation of assault. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Kesharia P.S. Case No. 340 of 2018,

Patna High Court CR. MISC. No.26321 of 2019(2) dt.23-04-2019 2/2 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/- (Vikash Jain, J) U T