Bhola Sahni And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8167 of 2016 Arising Out of PS.Case No. -71 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Bhola Sahni Son of Badri Sahni

2. Bipin Sahni son of late Bharat Sahni Both Resident of Village- Kaithma, P.s Mufassil, District Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brajesh Kumar Singh For the Opposite Party/s : Mr. Parmanand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking regular bail in connection with Mufassil P. S. Case No. 71 of 2015 registered for the offences under Sections 447, 341, 324, 307, 504/34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code has been added and Section 27 of the Arms Act. In this case, the victim has made in his statement before the police that on the occasion of Holi, four accused persons including the petitioners namely, Arvind Sahni, Sanjay

Patna High Court Cr.Misc. No.8167 of 2016 (3) dt.21-04-2016 2/3 Sahni, Bhola Sahni and Bipin Sahni came there armed with weapons. The allegation has been made directly against Arvind Sahni and Sanjay Sahni who has fired upon the victim and during treatment, he died. Allegation has also been made against the petitioners that they have resorted firing when his brothers were fleeing away from there, the petitioners fired on them but they did not receive any injury. The petitioners are in jail since 16.09.2015.

Having considered the facts and circumstances of the case, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Mufassil P.S. Case No. 71 of 2015, subject to the conditions that:- (i) one of the bailors will be a close relative of the petitioners;

(ii) if the petitioners are found involved in similar type of case in future, the prosecution will be at liberty to make prayer for cancellation of his bail and the Court below will pass necessary order, including cancellation of bail and;

Patna High Court Cr.Misc. No.8167 of 2016 (3) dt.21-04-2016 3/3 (iii) that the petitioners would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioners.

(Shivaji Pandey, J) ajaypd./- U T