Kamal Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59972 of 2018 Arising Out of PS.Case No. -365 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================
1. Kamal Sahani son of Late Siyaram Sahani
2. Hari Mohan Sahani son of Late Siyaram Sahani
3. Ramraj Sahani @ Ramraj Kumar Sahani son of Kamal Sahani All resident of Village Madhopur Chikni.
4. Sanjay Sahani son of Jai Karan Sahani
5. Umesh Sahani son of Jai Karan Sahani
6. Manoj Sahani @ Manoj Kumar son of Jai Karan Sahani
7. Jai Karan Sahani son of Late Ram Ekbal Sahani
8. Amrit Sahani son of Late Ram Ekbal Sahani
9. Satendra Sahani son of Rajendra Sahani
10. Manish kumar son of Amrit Sahani
11. Upendra Sahani son of Rajdeo Sahani
12. Rajendra Sahani son of Ram Nihora Sahani
13. Rajeshwar Sahani son of Ram Nihora Sahani No. 4 to 13 are resident of Village - Padmaul, all are P.S. Kudhani (Kurhani), All District - Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, in brief, is that in course of returning home when the informant reached the grill shop of Sanjay Sahani, one Sanjay Sahani and other accused persons surrounded the informant and on the order of Sanjay Sahani, the accused persons started to assault the
Patna High Court Cr.Misc. No.59972 of 2018 (2) dt.10-10-2018 informant.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. From the order of Sessions Court, it appears that there is no injury report on record in support of allegation made in the FIR.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Nayan Kumar, learned Judicial Magistrate-Ist Class, West, Muzaffarpur in connection with Kudhani (Kurhani) P.S. Case No. 365 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T