Mahadev Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29736 of 2020 Arising Out of PS. Case No.-108 Year-2019 Thana- PURNAHYA District- Sheohar ====================================================== 1.
MAHADEV SAHNI Son of Vinod Sahni Resident of Village - Bakhar Chandiha, P.S.- Purnahia, District - Sheohar. 2.
Sahdev Sahni Son of Vinod Sahni Resident of Village - Bakhar Chandiha, P.S.- Purnahia, District - Sheohar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 323, 324, 341, 379, 304/34 of the Indian Penal Code. Later on, Section 302 of I.P.C. has been
Patna High Court CR. MISC. No.29736 of 2020(2) dt.11-12-2020 2/3 added.
Allegation is on 10.11.2019, when the father of the informant, namely, Fekau Rai went to ease out, the accused persons including the petitioners started assaulting the informant's father. On alarm being raised, the informant reached and he was also assaulted by co-accused Vinod Sahni. The informant received injuries on his left arm and elbow. Accused Mahadeo Sahni took away Rs.5000/-. Later on, in course of treatment the father of the informant died.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. The main allegation is against the co-accused, namely, Vinod Sahni. Other co-accused has been granted anticipatory bail vide Annexure 3 to the present application by a co-ordinate Bench of this Court.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender
Patna High Court CR. MISC. No.29736 of 2020(2) dt.11-12-2020 3/3 before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sheohar in connection with Purnahia P.S. case No.108 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T