Rahul Kumar@Rahul Sahaniandors. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68222 of 2018 Arising Out of PS. Case No.-127 Year-2018 Thana- KATRA District- Muzaffarpur ======================================================

1. Rahul Kumar@Rahul Sahani. Son of Ram Chandra Sahani,

2. Ram Chandra Sahani, Son of Late Sukhdeo Sahani.

3. Chandra Kishore Sahani, Son of Ram Lakhan Sahani,

4. Dinesh Sahani @ Dinesh Sahani, Son of Late Budhan Sahani,

5. Baliram Kumar @ Balram Sahani, Son of Dinesh Shani.

6. Abhilasha Devi @ Abhilasha Sahani, Wife of Dinesh Sahani,

7. Ram Lakhan Sahani, Son of Late Laxman Sahani,

8. Mahesh Sahani, Son of Late Budhan Sahani, All are resident of VillageTehwara, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Mr.Udbhav For the Opposite Party/s :

Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 447, 323 and 302 of the Indian Penal Code.

The prosecution case, in short, is that when the informant along with her husband was at her darwaja, the accused persons variously armed came to her house and assaulted his husband due to which he sustained injuries and later succumbed to the injuries.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.68222 of 2018(3) dt.15-01-2019 2/2 the petitioner nos. 1, 2, 3, 5, 6 and 7 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. No specific injury has been attributed against the petitioners. General and omnibus allegation has been made against the petitioners. It has further been submitted that the other co-accuseds have been granted regular bail.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R. As per the post-mortem report, there are as many as 9 external injuries on the body of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioners. The same is rejected. If the petitioners surrender in the Court, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Pankaj/- U T