Chan Chan Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17757 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chan Chan Sahani Son of late Bhikhan Sahani

2. Bayash Sahani@Veyash Sahani Son of Chanchan Sahani Both Residents of Village- Semuapur, Police Station- Dumariya Ghat, District East Champaran.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Shashi Bhushan Pandey, Advocate For the State : Mr. Ram Chandra Sahni (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 26-05-2016 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 341, 323, 326, 307, 379, 504 and 506/34 of the Indian Penal Code.

After some argument, learned counsel for the petitioners seeks leave to withdraw this application with respect to the petitioner no. 1, Chan Chan Sahani, to enable him to surrender and seek regular bail before the court below. Accordingly, this application is dismissed as withdrawn as against the petitioner no. 1, Chan Chan Sahani, with the aforesaid liberty granted to him.

However, it is made clear that if the petitioner no. 1

Patna High Court Cr.Misc. No.17757 of 2016 (3) dt.26-05-2016 surrenders and seeks regular bail then the court below would proceed to consider the matter on its own merit and in accordance with law without being prejudiced by this order. So far petitioner no. 2 is concerned, it is contended that the allegation of throwing acid upon the victim is specific upon accused Chan Chan Sahani. It is further contended that so far the allegation of snatching of silver chain and Rs. 3000/- is concerned, the same is ornamental in nature.

Having regard to the facts and circumstances of the case, let the abovenamed petitioner, namely, Bayash Sahani@Veyash Sahani, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Dumariyaghat Police Station Case No. 124 of 2015, G.R. No. 6409 of 2015 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-1, Class, East Champaran at Motihari, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) SC/- U T