Balindra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26595 of 2022 Arising Out of PS. Case No.-328 Year-2020 Thana- PIPRA District- East Champaran ====================================================== 1.

Balindra Sahani Son Of Late Dangar Sahni R/ O- Vill- Tajawa Koiraganwa P.S.- Pipra, Dist.- East Champaran 2.

Badhi Sahani Son Of Late Dangar Sahni R/ O- Vill- Tajawa Koiraganwa P.S.- Pipra, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 323, 307, 308, 379, 504 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons including the petitioners were fishing taking benefit of spread of flow of water and when the informant raised objection, the accused persons became annoyed and adamant to assault him.

Patna High Court CR. MISC. No.26595 of 2022(2) dt.14-11-2022 2/3 On 30.07.2020 when the informant went to prevent the accused persons, the accused persons made attempt to commit murder of the informant by sinking him in the water, but he was saved on the intervention of nearby persons.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. From perusal of the record, it appears that there is no injury report to support the allegations made in the F.I.R. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, District East Champaran in connection with Pipra P.S. case No.328/2020, subject to the conditions as

Patna High Court CR. MISC. No.26595 of 2022(2) dt.14-11-2022 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T