Suresh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No. 21298 of 2020 ======================================================
1. Suresh Sahni
2. Bhuneshwar Sahni @ Bhuvneshwar Sahni Both sons of Late Anandi Sahni
3. Gautam Sahni, son of Bhuneshwar Sahni
4. Sikandar Sahni @ Sikendra Sahni son of Suresh Sahni
5. Sanjeet Sahni, son of Suresh Sahni
6. Ranjeet Sahni son of Suresh Sahni All are resident of village-Ekania, Ward No. 8, P.S.-Mansi, DistrictKhagaria. ... ... Petitioners
Versus
The State of Bihar .. ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Viveka Nand Singh, Advocate Ms. Shubhangi Rathore, Advocate For the Respondent State:
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-07-2020 Heard Mr. Viveka Nand Singh, learned counsel appearing on behalf of the petitioner and Mr. Upendra Kumar, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of anticipatory bail arises out of Mansi P.S. Case No. 209 of 2019, registered for the offence punishable under Section 147, 148, 149, 341, 323, 307, 354(B), 379, 384, 387/504 of the Indian Penal Code. Six of the eight persons, named in the First Information Report, have approached this Court for grant of anticipatory bail. There is allegation that the petitioners,
variously armed, came to the informant's house and they wanted the informant to pay a sum of Rs.25,000/- as extortion money. All of them are said to have assaulted the informant and subsequently his family members, when they had came in rescue. It is also alleged that they snatched some valuables also. Learned counsel for the petitioners has submitted that the occurrence had allegedly taken place on 01.09.2019, for which the First Information Report has been registered two days thereafter. He has further argued that the allegations are general and omnibus against all the accused persons.
On perusal of the First Information Report, I find substance in submission made on behalf of the petitioners. The application is accordingly allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, 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 C.J.M., Khagaria, in Mansi P.S. Case No. 209 of 2019, subject to the conditions as 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. It is indicated that defect, if any, shall be removed within two months.
Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social
distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T