Patna High CourtCR. MISC./52769/2015bail granted

Shiv Sahani And ORS. v. The State Of Bihar

2015-11-10Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52769 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -KALYANPUR DistrictEAST CHAMPARAN(MOTIHARI) ======================================================

1. Shiv Sahani son of Nathuni Sahani

2. Bharat Sahani son of Nathuni Sahani

3. Amarjit Sahani son of Krishna Sahani

4. Krishna Sahani son of Bharat Sahani

5. Anshu Devi @ Ansuiya Devi wife of Krishna Sahani

6. Sunila Devi wife of Dilip Sahani

7. Ranjeet Sahani son of Krishna Sahani

8. Sanjeet Sahani son of Krishna Sahani

9. Dilip Sahani son of Shiv Sahani All residents of village - Siswa Kharar, Police Station - Kalyanpur, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar For the Opposite Party/s :

Mr. G.S.Gupta(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER *************** 02.

10.11.2015 Heard learned counsel for the parties.

Submission of the counsel for the petitioners is that the incidence is supposed to have occurred on 14.11.2014. However, F.I.R. was instituted after more than a month on 09.01.2015. Therefore, it is a motivated case. The reason is that there is some homestead land and the informant wants to grab it.

Such a long delay in institution of F.I.R. raised doubt, its authenticity as well as the honesty of institution of the case.

In view of the same, let in the event of arrest

Patna High Court Cr.Misc. No.52769 of 2015 (2) dt.10-11-2015 2/2 or surrender of the petitioners, above-named, within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) only each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Kalyanpur P. S. Case No. 17 of 2015, G. R. Case No. 150 of 2015, which shall be abide by the terms and conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure.

(Ajay Kumar Tripathi, J.) U T SKM/-