Patna High CourtCR. MISC./52547/2016disposed

Mohi Chandra Sahani @ Mohi Chan Sahani And ANR v. The State Of Bihar

2017-04-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52547 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -NANHPUR District- SITAMARHI ======================================================

1. Mohi Chandra Sahani @ Mohi Chan Sahani Son of Lakhan Sahani

2. Devendra Sahani Son of Lakhan Sahani Both R/o Village- Sater , P.S. Nanpur, District- Sitamarhi.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Ashok Kumar Jha, Adv. For the Opposite Party : Mr. Kanhaiya Kishore, APP 100 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 147, 148, 149, 341, 323, 324, 307, 447 and 504 of the Indian Penal Code.

Allegation is that on the order of the petitioner Mohi Chandra Sahani, another petitioner Devendra Sahani caused injury at the head of the informant. The impugned order reveals that the doctor found head injury on the informant.

Considering the fact that petitioner, Devendra Sahani, had knowledge that his act might cause death, I am not inclined to grant him anticipatory bail to the petitioner.

The prayer for anticipatory bail on behalf of petitioner, Devendra Sahani, is refused.

Patna High Court Cr.Misc. No.52547 of 2016 (8) dt.26-04-2017 2/2 Let petitioner, Mohi Chandra Sahani @ Mohi Chan Sahani, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Nanpur P.S. Case No. 186 of 2015 to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √