Patna High CourtCR. MISC./25080/2016bail granted

Adhik Sahani And ANR v. The State Of Bihar

2016-06-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25080 of 2016 Arising Out of PS.Case No. -204 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Adhik Sahani,

2. Polish Sahani, Both sons of Mushahru Sahani, resident of village Jalkaur, Police Station Gangaur, District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-06-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 385, 504/34 of the Indian Penal Code. The prosecution case is that the informant Binod Kumar was weaving the fishing net at a pond when accused persons came, abused and took away the fishing net worth Rs. 60,000/- as the accused were demanding extortion.

It is submitted by the learned counsel for the petitioners that in fact, the pond in question is settled with petitioner no. 1 Adhik Sahani and the informant wanted to extract fish from the pond in question. On protest being

Patna High Court Cr.Misc. No.25080 of 2016 (2) dt.20-06-2016 made, the present case has been lodged. All the Sections are bailable except Section 379 of the Indian Penal Code. There is no recovery of fishing net from the petitioners. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 204 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) P.K./- U T