Ram Binod Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11162 of 2018 Arising Out of PS.Case No. -115 Year- 2017 Thana -KATRA District- MUZAFFARPUR ======================================================

1. Ram Binod Sahni, S/o Late Ram Lakhan Sahni,

2. Daulat Kumar @ Raushan. S/o Ram Binod Sahni , Both R/o Village- Siswara, P.S.- Katra, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate. For the Opposite Party/s : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2018 Let supplementary affidavit filed on behalf of the petitioners today be kept on the record.

Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Katra P.S. Case No. 115 of 2017 instituted for the offence under Sections 341, 323, 307, 379, 427 and 34 of the Indian Penal Code. It has been submitted that informant and petitioner No. 1 are full brothers. The occurrence has taken place due to land dispute. There is case and counter case between the parties and injury has been sustained by both sides. The co-accused Shambhu Prasad Sahni lodged case against the informant and others vide Katra P.S. Case No. 126 of 2017 in which petitioner No. 1 was also assaulted and sustained injury. The injury report of the informant has been enclosed as Annexure-3 to supplementary affidavit wherein the Doctor has found

Patna High Court Cr.Misc. No.11162 of 2018 (2) dt.07-03-2018 2/2 simple injury on the person of the injured.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Katra P.S. Case No. 115 of 2017, they shall 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, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.