Bhola @ Pravesh Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35908 of 2017 Arising Out of PS.Case No. -150 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Bhola @ Pravesh Sahni, son of Binda Sahni,

2. Pramod Sahni, son of Nagendra Sahni,

3. Devendra Sahni, son of Mushar Sahni,

4. Surendra Sahni, son of Late Methur Sahni,

5. Anoj Sahni, son of Deep Sahni,

6. Baleshwar Sahni, son of Butan Sahni,

7. Deep Sahni, son of Kamal Sahni, All resident of Village- Rasulpur Fateh, P.S.- Goraul (Kathara O.P.), District- Vaishali. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Goraul P.S. Case no. 150 of 2016, registered under Section 302/34 of the Indian Penal Code.

The allegation of informant Ganga Sahni is that on 16.07.2016, 11 persons named in the F.I.R., including the petitioners, having deadly weapons in their hands chased to his son Shiv Balak Sahni and threatened to kill him as he was creating lot of politics in the village. It is alleged that all the named accused persons compelled his son to run resulting his son died due to heart attack.

Patna High Court Cr.Misc. No.35908 of 2017 (2) dt.11-08-2017 2/2 Learned counsel for the petitioners submits that, in fact, Nilam Devi, wife of one of the co-accused Ganaur Sahni lodged Garaul P.S. Case No. 145 of 2016 on 12.07.2016 for the offence under Sections 341, 323, 324, 354, 379, 447, 504 and 506/34 I.P.C. against the family members of the informant, including Shiv Balak Sahni and for verification of the said case, the Police personnel came in the said village due to that reason Shiv Balak Sahni, son of the informant started fleeing and died due to heart attack, but with ulterior motive the present case has been lodged. Moreover, in the Post-mortem report, no any ante mortem injury found on the person of deceased. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Vaishali at Hajipur in connection with Goraul P.S. Case No. 150 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T