Baidyanath Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34213 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ======================================================
1. Baidyanath Sahani S/o Late Aklu Sahani Resident of Village Bahiwara Bhual, P.S. Saraiya, District Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Upendra Kumar Chaubey For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-08-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 324, 325, 326, 307, 436, 380, 427, 302, 153A, 295A, 363 of the Indian Penal Code.
The accusation is that on kidnapping of one Bharatendu, Saraiya P.S. Case No. 09 of 2015 was registered. Subsequently the dead body of Bharatendu was recovered being buried in the field of one Lal Babu Singh when the mob put the house of Md. Vikki and others who were accused in Saraiya P.S. Case No. 09 of 2015 on fire. When the police reached there then it was found that 27 houses of a particular community were robbed and were put to fire.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.34213 of 2015 (2) dt.14-08-2015 2/2 petitioner that accusation is against the mob. The petitioner happens to be grand-father of the victim boy. The victim went traceless and police did not take any action and when the mob went to pressurize the police then the present case was lodged in order to save their skin.
A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the accusation against the mob, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Muzaffarpur, West in connection with Saraiya P.S. Case No. 20 of 2014, G.R. No. 111 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T