Mahendra Sahani @ Mahandra Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21012 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- BIRAUL District- Darbhanga ====================================================== 1.
Mahendra Sahani @ Mahandra Sahani, Son of Late Ramjee Sahani @ Rajjee Sahani, 2.
Radhe Sahani Son of Late Saryug Sahani 3.
Bablu Sahani Son of Rajendra Sahani 4.
Roushan Sahani @ Raushan Kumar Son of Mahendra Sahani 5.
Rajesh Sahani Son of Mahendra Sahani 6.
Mukesh Sahani Son of Mahendra Sahani 7.
Rajendra Sahani Son of Ramjee Sahani 8.
Kamlesh Sahani @ Kamlesh Kumar Son of Rajendra Sahani 9.
Sushil Sahani Son of Mahendra Sahani 10.
Shekhar Sahani @ Shekhar Kumar @ Shekhar Kumar Sahani Son of Radhe Sahani All are resident of Village - Kahua, P.S.- Biraul, District - Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Jha For the Opposite Party/s :
Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for anticipatory bail, arises out of Biraul Police Station Case No. 171 of 2018, disclosing offences punishable under Sections 341, 323, 504, 307, 379/34 of the Indian Penal Code.
The petitioner nos. 1 and 6 have been arrested during
Patna High Court CR. MISC. No.21012 of 2019(2) dt.04-04-2019 2/3 the pendency of this application and, therefore, this application has become infructuous to the extent the same relates to them and is dismissed accordingly.
Learned counsel, appearing on behalf of the petitioners, has submitted referring to the First Information Report that though there is allegation against the petitioner no. 7 of making assault with farsa and the petitioner no. 8 of instigating the co-accused Sunil Sahani, there is no specific allegation of assault against the rest of the petitioners. It has also been submitted that for the occurrence of the same time and date, a counter case has been registered, bearing Biraul P.S. Case No. 170 of 2018, in which, some of the persons have been granted anticipatory bail.
Be that as it may, considering the submission so advanced on behalf of the petitioners and the fact that there is allegation of assault causing grievous injury of co-accused Sunil Sahani, who is not a petitioner, this application is allowed. Let the petitioners, above-named except petitioner nos. 1 and 6, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.21012 of 2019(2) dt.04-04-2019 3/3 Additional Chief Judicial Magistrate, Biraul, District Darbhanga in connection with Biraul Police Station Case No. 171 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Ashish/- U T