Ram Sogarath Sahani @ Sogarath Sahani @Ram Swarath Sahni @ Ramaswarath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21890 of 2019 Arising Out of PS. Case No.-21 Year-2013 Thana- BEERPUR District- Begusarai ====================================================== 1.

Ram Sogarath Sahani @ Sogarath Sahani @ Ram Swarath Sahni @ Ramaswarath Sahni Son of Late Pitambar Sahani, Resident of Village-Pipra Dodraj, P.O.-Nonpur, P.S-Teghra, District-Begusarai. 2.

Manoj Kumar @ Manoj Paswan Son of Late Fulena Paswan, Resident of Village-Farhi, P.S-Teghra, District-Begusarai. 3.

Pramod Mahton Son of Suresh Mahton, Resident of Village-Nonpur, P.STeghra, District-Begusarai. 4.

Baidyanath Mahton, Son of Durga Prasad Mahton, Resident of VillageNonpur, P.S-Teghra, District-Begusarai. 5.

Shyam Mahton Son of Hemant Mahton, Resident of Village-Nonpur, P.STeghra, District-Begusarai. 6.

Bhagwan Mahton, Son of Late Ramjee Mahton, Resident of Village-Nonpur, P.S-Teghra, District-Begusarai.

7.

Kusho Paswan, Son of Tilak Paswan, Resident of Village-Farhi, P.S-Teghra, District-Begusarai.

8.

Shambhu Paswan, Son of Shyam Narayan Paswan, Resident of VillageFarhi, P.S-Teghra, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Birpur P.S. Case No. 21 of 2013 registered for the offence punishable under Sections 364, 302/34 of the Indian Penal

Patna High Court CR. MISC. No.21890 of 2019(3) dt.21-06-2019 2/3 Code.

Ten named accused persons including the petitioners and 10-20 other unknown miscreants are said to have dragged the son of the informant to brick kiln of Raj Kumar Mahton and assaulted him by means of brickbat, stone and lathi. The victim succumbed to his injury.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to political rivalry and dirty village politics. Allegation levelled against the petitioners is not specific rather general and omnibus in nature. After investigation of the case, police has submitted final form against the petitioners. Petitioners have no criminal antecedent. Deceased was a veteran criminal and might have been eliminated by his rival groups of criminal. On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.21890 of 2019(3) dt.21-06-2019 3/3 amount each to the satisfaction of learned A.C.J.M. 1st, Begusarai in connection with Birpur P.S. Case No. 21 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T