Suresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1870 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- SC/ST BAGHA District- West Champaran ====================================================== 1.

SURESH SAHNI Son of Pahwari Sahni Resident of Village - Rampur Pokhara Tola, Ward No. 7, P.S.- Laukariya, Distt - West Champaran. 2.

Salhanti Devi Wife of Suresh Sahni Resident of Village - Rampur Pokhara Tola, Ward No. 7, P.S.- Laukariya, Distt - West Champaran. 3.

Ramawati Devi Wife of Ram Chandra Sahni Resident of Village - Rampur Pokhara Tola, Ward No. 7, P.S.- Laukariya, Distt - West Champaran. 4.

Umesh Sahani Son of Pahwari Sahni Resident of Village - Rampur Pokhara Tola, Ward No. 7, P.S.- Laukariya, Distt - West Champaran. 5.

Ramchandra Sahni Son of Pahwari Sahni Resident of Village - Rampur Pokhara Tola, Ward No. 7, P.S.- Laukariya, Distt - West Champaran. 6.

Rajesh Sahni Son of Ram Chandra Sahni Resident of Village - Rampur Pokhara Tola, Ward No. 7, P.S.- Laukariya, Distt - West Champaran. 7.

Mantu Sahni Son of Loei Sahani Resident of Village - Rampur Pokhara Tola, Ward No. 7, P.S.- Laukariya, Distt - West Champaran. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Arvind Kumar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 14-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Bagaha SC/ST P.S. Case No. 01 of 2019 registered under Sections 341, 379, 323, 504/34 of the Indian Penal

Patna High Court CR. APP (SJ) No.1870 of 2019 dt.14-05-2019 2/3 Code and Section 3(i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Submission of learned counsel for the appellants is that the appellants have got no criminal antecedent. They are innocent and have falsely been implicated in the present case.

Learned counsel appearing on behalf of the State opposed the prayer of the appellant no. 5 by contending that there is specific allegation of assault against him by means of lathi blow at the head of the informant.

Having heard both sides and in the facts and circumstances of the case, I am not inclined to allow the application of appellant no.5. Accordingly, prayer of the appellant no. 5, Ramchandra Sahni, is rejected. Let the above named appellant nos. 1, 2, 3, 4, 6 and 7 be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, West Champaran at Bettiah in connection with Bagaha SC/ST P.S. Case No. 01 of 2019, subject to the conditions as laid down under section 438(2) of Cr. P.C.

Patna High Court CR. APP (SJ) No.1870 of 2019 dt.14-05-2019 3/3 Accordingly, the appeal is partly allowed and the impugned order is set aside in respect of the appellants, except for appellant no.5.

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