Chhathu Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2589 of 2017 Arising Out of PS.Case No. -268 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Chhathu Sahni,

2. Ram Chandra Sahni, @ Ram Chandra Both are son of Ram Ishwar Sahni, resident of Village- Kisunpur Telaur, Police Station Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Learned counsel for the petitioner submits that petitioner no. 1 Chhathu Sahni, has been apprehended by the Police, so he does not want to press the prayer for bail on his behalf.

Accordingly, the application is dismissed as withdrawn so far as the petitioner no. 1 Chhathu Sahni is concerned.

The petitioner No. 2 apprehends his arrest in connection with Garaul P.S. Case No. 268 of 2016 registered under Sections 341, 323, 307, 379, 354 and 448 of the Indian Penal Code.

The accusation is that the accused persons named in the FIR including the petitioner no. 2 came and entered the house

Patna High Court Cr.Misc. No.2589 of 2017 (4) dt.24-04-2017 of the informant and when her brother-in-law and father reached to save her then Chhathu Sahni caused injury at the hand of the father of the informant and this petitioner gave iron blow on the head of the brother-in-law.

Submission is that due to land dispute occurrence of Mar-Pit took place in which prosecution side also sustained injuries regarding which Goraul P.S. Case No. 274 of 2016 is instituted under sections 341, 323, 379, 354(A)/ 34 of the I.P.C. on the basis of the fardbeyan of Sudama Devi wife of accused Chhathu Sahni. Moreover the injuries as found on the person of Raghunath Sahni is simple in nature.

Having regard to the facts and circumstances of the case, let the petitioner no. 2, namely, Ram Chandra Sahni @ Ram Chandra be released on bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul (Kathara O.P.) P.S. Case No. 268 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

S.Sb/- (Rajendra Kumar Mishra, J) U T