Ram Ayodhya Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30360 of 2016 Arising Out of PS.Case No. -294 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ram Ayodhya Sahani S/o Late Sagun Sahani

2. Surendra Sahani S/o Ram Ayodhya Sahani Both are Resident of villageBijdhari , P.S.-Kesariya,District-East Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rakesh Ranjan, Advocate For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-02-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with a case registered under Sections 395, 397 and 307/34 of the Indian Penal Code.

This is the complaint based F.I.R. Allegation in brief is that the accused persons entered into the house of the informant, in the night thereafter assaulted and looted household articles. Learned counsel appearing on behalf of the petitioners submits that the petitioners are agnates and due to land dispute, have falsely been implicated. The alleged occurrence is dated 30.9.2015 and complaint was filed on 2.11.2015 after considerable

Patna High Court Cr.Misc. No.30360 of 2016 (3) dt.06-02-2017 2/2 delay and the petitioners have no criminal antecedent except earlier two cases filed by the complainant and in both cases, the petitioners are on bail and other co-accused, having similar allegation, have been granted anticipatory bail earlier by this Court by order dated 26.5.2016 passed in Cr. Misc. No.15053 of 2016. Considering the considerable delay in lodging the complaint as well as the other similarly situated co-accused granted anticipatory bail; so petitioners Ram Ayodhya Sahani and Surendra Sahani are directed to be released in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, XIth, East Champaran in connection with Kesariya P.S. Case No.294 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arun Kumar, J) N.H./- U T