Krishna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42437 of 2023 Arising Out of PS. Case No.-376 Year-2020 Thana- KESARIA District- East Champaran ====================================================== 1.

Krishna Sahani Son Of Late Gulli Sahani Resident Of Village - Dhekhan Ward No.- 9, P.S.- Kesariya, District - East Champaran 2.

Ramekbal Sahani Son Of Late Bharat Sahani Resident Of Village - Dhekhan Ward No.- 9, P.S.- Kesariya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 302, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other accused persons are said to have been assaulted the father of the informant.

4. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.42437 of 2023(3) dt.22-08-2023 2/2 against the petitioners is not specific rather general and omnibus in nature. He submits that after investigation police has submitted final form against the petitioners, but the learned Court Below differed the final form and took cognizance against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Kesariya P.S. Case No.376 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T