Chalitra Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10438 of 2018 Arising Out of PS.Case No. -145 Year- 2017 Thana -SIDHWARA District- DARBHANGA ======================================================

1. Chalitra Sahni, S/o Ram Khelawan Sahni,

2. Avinash Kumar @ Mohan Sahni, S/o Chalitra Sahni, Both are R/o Village- Singhwara, P.S.- Singhwara, District- Darbhanga.

3. Pappu Chaudhary, S/o Ram Ekwal Sahni, R/o Village- Rampur, P.S.- Singhwara, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Singhwara P.S. Case No. 145 of 2017 instituted for the offence under Sections 341, 323, 353, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioner No. 1 has filed writ petition vide CWJC No. 7960 of 2017 in this Hon'ble High Court against the informant for wrong procedure adopted by the Election Officer in the election of Singhwara Fishery Co-operative Society held on 11.07.2017 in which the informant was Election Officer. In that case the Hon'ble Court has passed order against the informant. The instant case has been filed by the informant as counter blast after ten days of passing of the order of the Hon'ble Court in that case.

Patna High Court Cr.Misc. No.10438 of 2018 (2) dt.27-02-2018 2/2 In the written report there is general and omnibus allegation against the petitioners that they entered into the office of the informant and misbehaved with him and gave threat to assault and obstructed in discharging official work.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Singhwara P.S. Case No. 145 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-4th, Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T