Ganesh Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40125 of 2015 Arising Out of PS.Case No. -207 Year- 2009 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Ganesh Sahani

2. Naresh Sahani

3. Janak Sahani

4. Suresh Sahani All are Sons of Sukhdeo Sahani

5. Ramlal Sahani Son of Ram Ekwal Sahani All are resident of village - Dharampur, P.S. Minapur, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mani Bhushan Kumar For the Opposite Party/s : Mr. Kr. Virendra Narayan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-09-2015 Heard learned counsel for the parties.

Having regard to the admitted position that the petitioners have been facing prosecution for offence under Sections 302/34 of the Indian Penal Code and that such First Information Report was lodged against them way back in the year 2009 wherein they were named accused, this Court will not be inclined to grant privilege of anticipatory bail to the petitioners if they have been successfully evading their arrest or surrender in a period of six years.

That being so, the prayer for anticipatory bail of the petitioners, namely, Ganesh Sahani, Naresh Sahani, Janak Sahani,

Patna High Court Cr.Misc. No.40125 of 2015 (2) dt.30-09-2015 Suresh Sahani and Ramlal Sahani is hereby rejected but nothing said in this order shall come in the way of the petitioners if they surrender and make a prayer for regular bail which will be considered on its own merit without being prejudice by anything said in this order.

(Mihir Kumar Jha, J) Rishi/- U T