Shivjee Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51909 of 2021 Arising Out of PS. Case No.-44 Year-2021 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== 1.

SHIVJEE SAHNI Son of Baldeo Sahni Resident of Village - Ramwan Goriya Tola, P.s.- Shyampur Bhatha, Distt.- Sheohar. 2.

Jai Kishor Sahni Son of Baldeo Sahni Resident of Village - Ramwan Goriya Tola, P.s.- Shyampur Bhatha, Distt.- Sheohar. 3.

Rup Lal Sahni Son of Sukeshwar Sahni Resident of Village - Ramwan Goriya Tola, P.s.- Shyampur Bhatha, Distt.- Sheohar. 4.

Arjun Sahni Son of Umesh Sahni Resident of Village - Ramwan Goriya Tola, P.s.- Shyampur Bhatha, Distt.- Sheohar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2022 It is submitted by learned counsel for the petitioner that during pendency of this application, petitioner no. 1 has been arrested and, as such, he seeks permission to withdraw this application against him.

In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner no. 1. So far as rest of the petitioners are concerned, the instant application for anticipatory bail has been filed by petitioner no. 2, 3 and 4 apprehending their arrest in connection with Shyampur Bhatha P.S. Case no. 44 of 2021 instituted for

Patna High Court CR. MISC. No.51909 of 2021(2) dt.06-04-2022 2/3 the offence punishable under Sections 147, 149, 323, 324, 307, 448, 379, 504 and 506 of the Indian Penal Code. Prosecution story relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons. It is further alleged that co-accused Chunchun Kumari snatched mangalsutra from Sarita Devi. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence. From the impugned order, it reveals that injury received by the injured persons are simple in nature caused by hard and blunt substance.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner nos. 2, 3 and 4 on bail. The petitioner nos. 2, 3 and 4 are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Shyampur Bhatha P.S. Case no. 44 of 2021, they will be enlarged on bail

Patna High Court CR. MISC. No.51909 of 2021(2) dt.06-04-2022 3/3 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheohar subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U