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Patna High CourtCR. MISC./43165/2015allowed

Maheshwar Sahani And ORS. v. The State Of Bihar

2015-11-02Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43165 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Maheshwar Sahani, son of Late Roudi Sahani,

2. Chandeshwar Sahani, son of Late Roudi Sahani,

3. Amar Sahani, son of Surendra Sahani, Resident of village- Bahilwara Khorampur, P.S.- Saraiya,

4. Jagarnath Sahani, son of Late Mahadev Sahani,

5. Ajay Sahani, son of Shivnath Sahani,

6. Harendra Paswan, son of Jogi Paswan,

7. Gonaur Paswan, son of Sukan Paswan,

8. Jai Narayan Das, son of Late Gobardhan Das, Resident of villageBahilwara Rupnath Uttari, P.S.- Saraiya District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. A.Dayal(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 02-11-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners pray for anticipatory bail in a case under Sections 147, 148, 149, 324, 325, 326, 307, 436, 380, 427, 302, 153A, 295A and 363 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that the FIR was lodged against 13 named accused persons and as many as 1000 unknown persons. The petitioners were not named in the FIR. It is further submitted that as many as

Patna High Court Cr.Misc. No.43165 of 2015 (2) dt.02-11-2015 2/2 six named accused persons have been granted bail by this Court in Cr. Misc. Nos. 14052, 19957, 23701, 25122, 26246 & 34213 of 2015. It is submitted that another accused person, namely, Baidyanath Sahani has also been granted anticipatory bail by this Court by order dated 14.08.2015 passed in Cr. Misc. No. 34213 of 2015. It is further stated that all the petitioners have clean antecedent and are not involved in any criminal case.

On a consideration of the facts and circumstances of the case, it is directed that the petitioners, (1) Maheshwar Sahani, (2) Chandeshwar Sahani, (3) Amar Sahani, (4) Jagarnath Sahani, (5) Ajay Sahani, (6) Harendra Paswan, (7) Gonaur Paswan & (8) Jai Narayan Das, in the event of their arrest/surrender in the Court below within a period of four weeks from today, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Saraiya P.S. Case No. 20 of 2015 (Sessions Trial No. 232 of 2015) to the satisfaction of the XIth Additional Sessions Judge, Muzaffarpur, subject to the other conditions as laid down under Section 438(2) Cr.P.C. (Ramesh Kumar Datta, J) S.