Kailash Sahni @ Kailash Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22009 of 2018 Arising Out of PS.Case No. -217 Year- 2017 Thana -BIRAUL District- DARBHANGA ====================================================== Kailash Sahni @ Kailash Kumar Sahni Son of Opi Sahni Resident of Village- Supaul Bazar, Police Station- Biraul, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 26-04-2018 Heard.

The petitioner apprehends arrest in connection with Biraul P.S.Case No.217 of 2017 registered for an offence under sections 307 and other Sections of the IPC.

The informant of this case driver of Ambulance vehicle of PHC, Biraul. He has alleged this petitioner and other coaccused came and brutally assaulted him damaged the furniture and records of the hospital.

Learned counsel for the petitioner submits that the wife of the petitioner was admitted at PHC where the informant and some of his associates misbehaved and assaulted the petitioner and his wife for which the petitioner lodged Biraul P.S.Case No.218 of 2017 for the offence under Sections 323, 354A, 379 and other Sections of the IPC. The allegation of assault is omnibus against

Patna High Court Cr.Misc. No.22009 of 2018 (2) dt.26-04-2018 2/2 the petitioner and the case has been filed only to save his skin. The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Biraul, Darbhanga in connection with Biraul P.S.Case No.217 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T