Shanker Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54788 of 2017 Arising Out of PS.Case No. -179 Year- 2017 Thana -SONBERSA District- SITAMARHI ======================================================
1. Shanker Sahni, son of Fakira Shani, resident of Village- Lohakher, P.S. Sonbarsa, District Sitamarhi.
2. Bajrangi Sahni, son of Hajari Sahni, resident of Village- Lohakher, P.S. Sonbarsa, District Sitamarhi.
3. Laxman Sahni, son of Bachan Sahni, resident of Village- Lohakher, P.S. Sonbarsa, District Sitamarhi.
4. Shatya Narayan Sahni, son of Late Sukeshwar Sahni, resident of Dalkhwa, P.S Sonbarsa, District Sitamarhi.
5. Kapil Sahni @ Kapal Sahni, son of Nathan Sahni, resident of Dalkhwa, P.S Sonbarsa, District Sitamarhi.
6. Bindeshwar Mukhiya, son of Dhaneshwar Mukhya, resident of VillageHanuman Nagar, P.S. Sonbarsa, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-11-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Sonbersa P.S. Case No. 179 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 337, 338, 332, 333, 307, 353 of the Indian Penal Code, Sections 4/5 Damage to Public Property Act and Section 37(A)(C) of Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner has submitted that
Patna High Court Cr.Misc. No.54788 of 2017 (4) dt.22-11-2017 2/3 petitioner No. 4 has already been arrested and, therefore, his prayer for anticipatory bail was dismissed as withdrawn by this Court vide order dated 16.11.2017.
From the written report it appears that Chowkidar has taken the name of these petitioners. There is general and omnibus allegation that after declaration of result of the election, these petitioners along with 100-150 unknown persons started brickbatting and caused disturbance. They also started throwing stonebricks etc. on police party. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner Nos. 1, 2, 3, 5 and 6 namely, Shanker Sahni, Bajrangi Sahni, Laxman Sahni, Kapil Sahni @ Kapal Sahni and Bindeshwar Mukhiya is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Sonbarsa P.S. Case No. 179 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 ADJII cum Special Judge, Excise, Sitamarhi, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
Patna High Court Cr.Misc. No.54788 of 2017 (4) dt.22-11-2017 3/3
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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