Fuldeo Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54444 of 2016 Arising Out of PS.Case No. -185 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================
1. Fuldeo Sahni, Son of Prasadi Sahni,
2. Rishi Sahni, Son of Fuldeo Sahni,
3. Ranjit Sahni @ Kare Sahni, Son of Deep Narayan Sahni, All are Resident of Village- Kulhariya, P.S.- Parbatta, District- Khagaria. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bharat Bhushan For the Opposite Party/s : Mr. Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Parbatta P.S. Case No. 185 of 2016, registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that five persons named in the F.I.R., including the petitioners, reached near the husband of the informant boarding on two motorcycles and surrounded him. At that time, co-accused Vikash Sahni fired at the temporal region of Sudhir Sahni, husband of the informant, and Rabin Sahni also shot fire at her husband. Thereafter, all the accused persons started to flee away after taking the dead body. In the meantime,
Patna High Court Cr.Misc. No.54444 of 2016 (3) dt.27-01-2017 2/2 informant and others reached there, but all of them fled way after leaving the dead body of her husband.
Learned counsel for the petitioners submits that though petitioners are named in the F.I.R., but there is specific overt act against Vikash Sahni and Rabin Sahni, who shot fired at the husband of the informant. Further submission is that petitioners are only the members of the mob and the petitioners have no criminal antecedent are in custody since 12.09.2016. Having regard to the facts and the circumstances of the case, the petitioners, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 185 of 2016. (Rajendra Kumar Mishra, J.) manish/- U T