Prabhu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39141 of 2022 Arising Out of PS. Case No.-91 Year-2016 Thana- RAJEPUR District- East Champaran ====================================================== 1.

Prabhu Sahani, Son Of Mohan Sahani Resident Of Village - Lahladpur, P.S.- Madhuban, District - East Champaran.

2.

Bharat Sahani, Son Of Ramlakhan Sahani Resident Of Village - Lahladpur, P.S.- Madhuban, District - East Champaran.

3.

Sanjay Sahani, Son Of Harishankar Sahani Resident Of Village - Lahladpur, P.S.- Madhuban, District - East Champaran.

4.

Chaudhary Sahani @ Shubhnarain Sahani, Son Of Yogendra Sahani @ Devendra Sahani Resident Of Village - Lahladpur, P.S.- Madhuban, District - East Champaran.

5.

Nawal Prasad @ Nawal Kishore Prasad, Son Of Mangal Prasad Kushwaha Resident Of Village - Punas, P.S.- Madhuban, District - East Champaran. 6.

Dhrup Bhagat @ Ramdhrup Kumar, Son Of Kishundeo Bhagat Resident Of Village - Punas, P.S.- Madhuban, District - East Champaran. 7.

Rajendra Bhagat @ Ramendra Bhagat, Son Of Ramchandra Bhagat Resident Of Village - Punas, P.S.- Madhuban, District - East Champaran. 8.

Umesh Ram, Son Of Ramnarain Ram Resident Of Village - Kothia, P.S.- Madhuban, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 143, 427 of the Indian Penal Code and later on Sections 144,

Patna High Court CR. MISC. No.39141 of 2022(2) dt.06-12-2022 2/3 147, 452, 341, 342, 323, 504, 506, 353, 120B of the I.P.C. and Section 3/ 4 of the Prevention of Damage to Public Property Act.

The learned counsel for the petitioners submits that the petitioners have antecedent of 13 cases. It is next submitted that the occurrence, as alleged in the present case, led to institution of different cases in which petitioners in a mechanical manner went on being implicated. It is next submitted that informant alleges that some unknown miscreants damaged his vehicle.

The learned counsel for the petitioners submits that the F.I.R. was against unknown and the allegation of damaging the vehicle is general and omnibus in nature. The learned counsel at the cost of repetition submits that no doubt, there are 13 antecedents of the petitioners, but then the said antecedent arises from the same case for which 13 cases were instituted. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/-

Patna High Court CR. MISC. No.39141 of 2022(2) dt.06-12-2022 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Rajepur P. S. Case No.91 of 2016, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T