Wakil Sahni @ Wokil Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51292 of 2015 Arising Out of PS.Case No. -293 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. WAKIL SAHNI @ WOKIL SAHANI son of Sri Bhangi Sahni

2. Ramchandra Sahni @ Ram Chandra Sahani son of Late Jangi Sahni

3. Sanjay Sahni @ Sanjay Sahani son of Sri Nanhak Sahni

4. Prema Sahni @ Parma Sahani sonof Late Aklu Sahni

5. Shankar Rai son of Sri Gagandeo Rai

6. Jitendra Thakur son of Sri Rudal Thakur

7. Munna Thakkur @ Munna Thakur son of Sri Rudal Thakur

8. Rudal Thakur son of Sri Chandradeo Thakur All residents of villageRoshanpur Sapahan, P.S.- Sugauli, District- East Champaran

9. Bhushan Thakur Son of Sri Yogendra Thakur, resident of villageLaxmipur Sapahan, P.S.- Sugauli, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Jitendra Kumar Singh-I(App) ====================================================== CORAM: HON'BLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2015 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 307, 302 and other allied sections of the Indian Penal Code. The informant named the petitioners along with others. It is submitted that on the order of petitioner Wakil Sahni, Shambhu Sahni, Krishna Thakur, Rooplal Rai, Sanjay Sahni and others made indiscriminate firing. Firing made by Krishna Thakur hit Meghu Sahni, tractor driver, who died on the spot. Shambhu Sahni fired at Ramayan Sahni, Rooplal Rai fired at Suresh Sahni,

Patna High Court Cr.Misc. No.51292 of 2015 (2) dt.15-12-2015 Ranjeet Thakur fired at Bhushan Sahni, and others also assaulted the prosecution party.

Learned counsel for the petitioners submits that petitioner no. 1 Wakil Sahni is the order giver and no specific allegation of assault is made against other petitioners. It is further submitted that Ram Hari Sahni, father of the deceased, lodged a case that the firing made by the informant hit his son Meghu Sahni.

On the other hand, learned counsel for the informant as well as learned A.P.P. opposed the prayer for bail. Having considered the fact that petitioner no. 1 is an order giver and other petitioners also armed with weapon came to the field, made indiscriminate firing in which one person died due to fire arm injury and many others got fire arm injuries, I am not inclined to grant privilege of anticipatory bail to the petitioners in connection with Sugauli P.S. Case No. 293 of 2015 pending in the court of the learned Chief Judicial Magistrate, East Champaran at Motihari. This application for anticipatory bail is, accordingly, rejected.

(Prabhat Kumar Jha, J) Amin/- U