Arjun Sahni And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40537 of 2015 Arising Out of PS.Case No. -120 Year- 2015 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Arjun Sahni Son of Vishwanath Sahni,

2. Vijay Sahni @ Vijay Sahani, S/o Prabhu Sahni, Both Resident of Village - Somgarh, Malahi Tola, P.S. - Sathi, District - West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 342, 323, 504, 34 of the Indian Penal Code and Section 25(1B)a/26/35 of the Arms Act. The prosecution case is that petitioners and one Subhash Sahni came to the door of the informant and started abusing. They enquired about the informant. In the meantime, the informant came when all the three accused persons started abusing and assaulting the informant and dragged him towards his village. In the meantime, the informant raised alarm when the villagers reached at the spot and on chase co-accused Subhash Sahni was apprehended

Patna High Court Cr.Misc. No.40537 of 2015 (2) dt.01-10-2015 2/2 from whose possession one country made pistol was recovered when these petitioners managed to escape from the scene. It is submitted by learned counsel for the petitioners that admittedly the petitioners were not apprehended from the spot and there is no recovery from the petitioners. It is further submitted that due to the dispute between the parties from before the accusation has been levelled.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the facts that there is no recovery from the petitioners and they having no criminal antecedent, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sathi P.S. Case No. 120 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T