Ram Ishwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37048 of 2018 Arising Out of PS.Case No. -112 Year- 2018 Thana -KAHAIYA District- MUZAFFARPUR ======================================================

1. Ram Ishwar Sahni Son of Nandu Sahni resident of village - Thikaha, P.S. Kathaiya, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Kathaiya P.S. Case No. 112/2018, instituted for the offences under Sections 147, 148, 149, 341, 342, 386, 307, 353, 427, 504 and 506 of the Indian Penal Code.

The informant is the S.I. of the police. He has alleged in the written report that an altercation for construction had taken place between the family members of Umesh Singh and family members of Rameshwar Sahani. When the informant along with other police party went to the place of occurrence, the petitioner along with other accused persons abused and assaulted the informant and other police party causing injury to them. Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.37048 of 2018 (3) dt.24-07-2018 2/2 there is general and omnibus allegation against the petitioner. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kathaiya P.S. Case No. 112/2018, he shall 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 the learned Sub-Judge II-cum- Additional Chief Judicial Magistrate, Muzaffarpur (West), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner 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 petitioner and (3) if petitioner 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 petitioner. (Sanjay Priya, J.)