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Patna High CourtCR. MISC./55216/2015bail granted

Rajendra Sahani And ORS v. The State Of Bihar

2015-12-18Mr. Justice Jyoti Saran2 pages

Patna High Court Cr.Misc. No.55216 of 2015 (2) dt.18-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55216 of 2015 Arising Out of PS.Case No. -294 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajendra Sahani son of Shiv Shankar Sahani

2. Bhushan Sahani son of Mahendra Sahani

3. Shiv Shankar Sahani son of Late Ram Govind Sahani

4. Ramayan Sahani son of Saryug Sahani

5. Suresh Sahani son of Ramayan Sahani

6. Ram Dayal Sahani son of Baidyanath Sahani All resident of Village- Raushanpur Sapahan, Police Station- Sugauli, District- East Champaran at Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Jitendra Kr. Roy No.1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-12-2015 Heard the parties.

The petitioners apprehend their arrest in connection with Sugauli P.S. Case No. 294 of 2015 for the offences punishable under Sections 147, 148, 149, 341, 447, 323, 307 and 504 of the Indian Penal Code.

Dr. Amarendra Kumar, learned counsel for the petitioners with reference to the FIR present at Annexure-1 and the counter case at Annexure-2 has submitted that there are litigation in between the parties. He further submits that insofar as the present case is concerned, the 37 accused have been

Patna High Court Cr.Misc. No.55216 of 2015 (2) dt.18-12-2015 charged with assault on the informant and his family members with no specific overt act attributed to the petitioners. He submits that although Siya Ram Sahani and Akchhey Lal Yadav have been charged with offences of firing but they are not before this Court.

Having heard learned counsel for the parties and considering the nature of allegations, let the petitioner, namely, (1) Rajendra Sahani; (2) Bhushan Sahani; (3) Shiv Shankar Sahani;

(4) Ramayan Sahani; (5) Suresh Sahani; and (6) Ram Dayal Sahani in the event of their arrest or surrender within four weeks from today be released on bail upon each of them furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran and/or the court concerned in connection with Sugauli P.S. Case No. 294 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Jyoti Saran, J) S.Sb/- U T