Biga Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37856 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Biga Sahni Son of Late Ganpat Sahni

2. Kailash Sahni Son of Late Ganpat Sahni

3. Babulal Singh Son of Late Ashan Singh

4. Sharda Devi Wife of Babulal Singh

5. Prabhawati Devi Wife of Jai Narain Baitha

6. Domai Mahto Son of Late G.N. Mahto

7. Reema Devi Wife of Domai Mahto

8. Rahamtullah Mian Son of Late Makund Mian

9. Bilaee Khatoon Wife of Mir Hassan Mian All residents of village + P.S. Nautan, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Pradip Narayan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-09-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 353, 336, 504 of the Indian

Patna High Court Cr.Misc. No.37856 of 2015 (2) dt.18-09-2015 Penal Code, 33, 41, 42 of the Indian Forest Act and 5, 8, 9, 10, 12, 13, 14 of The Bihar Saw Mill (Regulation) Act, 1990.

The prosecution case is that an information that sri Kant Srivastava is running saw mill illegally which was closed earlier raid was laid and the informant was in process of seizing saw mill and wood logs when First Information Report named accused persons and 40-50 unknown persons came there and pelted stones and thereby obstructed the informant in discharge of official duty.

It is submitted by the learned counsel for the petitioners that petitioners are not been named in the First Information Report. Their names subsequently sprang up during investigation. Accusation of pelting stones is against mob. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri B. Shukla, Judicial Magistrate, Ist Class, West Champaran, Bettiah in

Patna High Court Cr.Misc. No.37856 of 2015 (2) dt.18-09-2015 connection with Nautan P.S. Case No. 79 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T