Anil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31151 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Anil Sahni, S/o Bhegu Sahni, resident of Village- Madhopur, P.S.-Motipur, District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Rakesh For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-07-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Motipur P.S. Case No. 67 of 2017 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379 and 504/506 of the Indian Penal Code. The informant in his fardbeyan has stated that on 07.03.2017, altogether seven persons named in the F.I.R. came near Gandak river where the informant was fishing. Out of them, Suresh Sahni assaulted him by knife blow. Bahadur Sahni was holding him from back. One Bhola Sahni and Sanjay Sahni were also brutally assaulted by Umesh Sahni by knife. On alarm of the informant, the accused persons escaped from there. Learned counsel for the petitioner submits that there

Patna High Court Cr.Misc. No.31151 of 2017 (2) dt.14-07-2017 2/2 is nothing specific against this petitioner. He has been alleged to be a member of the mob. The allegation of assault is against other co-accused. The petitioner has clean antecedent and has been implicated on account of village politics and so, deserves anticipatory bail.

The learned APP, on the other hand, opposed the submission, but he concedes that no specific allegation has been attributed against the petitioner.

In the aforesaid facts and circumstances of the case, the anticipatory bail prayer is allowed. The petitioner, above named, in the event of arrest / surrender within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Motipur P.S. Case No. 67 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar, J) ajaypd./- U T