Pawan Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43681 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -CHARIABARIYARPUR District- BEGUSARAI ======================================================

1. Pawan Sahni Son of Ram Briksh Sahni @ Ram Preet Sahni

2. Manoj Sahni Son of lakhan Sahni Both are Resident of Village Cheria Bariyarpur, Police Station Cheria Bariyarpur, District Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Maharaj Mr. Satish Singh For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2016 Heard both sides.

The petitioners apprehend their arrest in Cheria Bariyarpur P.S. Case No. 06/2016, registered for the offences punishable under Sections 307, 387, 385 and other Sections of the Indian Penal Code.

It is alleged that the petitioners along with five other persons came and demanded extortion from Anjan Kumar Singh who was constructing road. When Ramashray Mahto asked not to abuse, the accused persons assaulted the informant with the butt of pistol and Ram Pravesh Sahni fired on the informant. Learned counsel for the petitioners submits that the petitioners are villagers and the informant was constructing the

Patna High Court Cr.Misc. No.43681 of 2016 (4) dt.23-11-2016 2/2 road near their village. The petitioners only protested to use substandard materials and that is why this false case has been lodged. Specific allegation is made against Rampravesh Mahto and no specific allegation is made against the petitioners. Similarly situated co-accused Bijlee Mahton has been granted anticipatory bail by a Bench of this Court vide order dated 11.08.2016 passed in Cr. Misc. No. 31340/2016.

Considering the facts aforesaid and the fact that similarly situated co-accused has already been granted anticipatory bail, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheria Bariarpur P.S. Case No. 06/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T