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Patna High CourtCR. MISC./44076/2023disposed

Ragho Sahani @ Ragho Kumar v. The State Of Bihar

2023-07-14Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44076 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

Ragho Sahani @ Ragho Kumar, Son Of Shiv Sahani Resident Of Village Ajgarwa, Ps- Lakhaura, District- East Champaran 2.

Shiv Sahani, Son Of Bricha Sahani Resident Of Village Ajgarwa, PsLakhaura, District- East Champaran 3.

Ritesh Sahani @ Ritesh Kumar, Son Of Sone Lall Sahani @ Sonalal Sahani Resident Of Village Ajgarwa, Ps- Lakhaura, District- East Champaran 4.

Subodh Sahani @ Raj Kishore Kumar, S/O Lall Babu Sahani R/O VillageAjgarwa, Ps. Lakhaura, Dist. East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ujjwal Kumar Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023

1. The learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2.

2. Permission is accorded.

3. Accordingly, instant petition is dismissed as withdrawn with respect to petitioner no.2, namely, Shiv Sahani.

4. Heard learned counsel for the rest petitioners and learned APP for the State.

5. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under

Patna High Court CR. MISC. No.44076 of 2023(2) dt.14-07-2023 2/3 Sections 147, 148, 149, 341, 323, 353, 307, 504, 506 of the I.P.C., Section 27 of the Arms Act and Section 30(a) of the Excise Act.

6. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 20 litres of liquor from a motorcycle and Rupesh Sahani is alleged to have opened fire and two empty cartridges were recovered from the place of occurrence.

7. The learned counsel for the petitioners submits that petitioners are persons with clean antecedent and their name transpired based on suspicion and they are not alleged to have fired, nor the motorcycle, which was seized belongs to them.

8. Learned A.P.P. opposes the bail application.

9. 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, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.2, Motihari, East Champaran in connection with Chhauradano P. S. Case No.18 of 2023, subject to the

Patna High Court CR. MISC. No.44076 of 2023(2) dt.14-07-2023 3/3 conditions laid down under Section 438(2) of the Cr.P.C. 10.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T