Suresh Sahani And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41210 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -SINGHIYA District- SAMASTIPUR ======================================================
1. Suresh Sahani, son of Akal Sahani,
2. Amaresh Sahani, son of Akbal Sahani.
Both resident of Village- Kaina, P.S. Singhiya, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-10-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 327, 338, 324, 307 and 504/34 of the Indian Penal Code.
The prosecution case is that the accused persons including the petitioners came variously armed when petitioner no. 2 Amresh Sahani assaulted the informant with Khanti, petitioner no. 1 Suresh Sahani assaulted with bricks and lathi to the father of the informant and co-accused Akal Sahani and Rohit Sahani assaulted Amit Sahani and Sumit Sahani by
Patna High Court Cr.Misc. No.41210 of 2015 (2) dt.07-10-2015 2/2 bricks and bamboo stick. It is further alleged that Bechan Sahani, Neelam Mukhia and Amoliya Devi also assaulted to the informant side.
It is submitted by learned counsel for the petitioners that the injury of the informant side has been found superficial simple in nature, there is a counter version of the occurrence and petitioners' side have also received injuries. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Rosera, District - Samastipur in connection with Singhia P.S. Case No. 115 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T