Patna High CourtCR. MISC./53393/2016dismissed

Basu Sahni @ Basudeo Sahni And ORS v. The State Of Bihar

2017-01-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53393 of 2016 Arising Out of PS.Case No. -141 Year- 2016 Thana -MAHUA District- VAISHALI (HAJIPUR) ======================================================

1. Basu Sahni @ Basudeo Sahni,

2. Berashi Sahni, Both S/o Late Mahendra Sahni,

3. Ajay Sahni, S/o Basu Sahni, All resident of Village- Garjaul, Paharpur, P.S.- Mahua, Distt- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate. For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 323, 504/34 of the Indian Penal Code.

There is allegation against the petitioner in the written report that petitioner No. 1 assaulted Sone lal Sahni with Fasuli on account of which he sustained bleeding injury in his ear, petitioner No. 2 assaulted Berashi Sahni with lathi on his head causing cut injury whereas petitioner No. 3 assaulted Pawan Sahni with rod on his head. All the three fell down on the ground after sustaining injuries and then Parmanand Sahni ordered to kill all of them.

Patna High Court Cr.Misc. No.53393 of 2016 (5) dt.30-01-2017 2/2 Khisori Sahni etc. damaged the motorcycle.

From the impugned order, it appears that the injuries have been found on all the three injured persons and the police have sent the case diary but without injury report. From the written report itself it appears that there is specific allegation against these petitioners of assaulting the three injured persons resulting in injuries.

Considering the aforesaid facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to these petitioners.

The prayer for anticipatory bail of these petitioners stands rejected.

The petitioners are directed to surrender before the court below and pray for regular bail which shall be disposed of on its own merit without being prejudiced by this order on the same day.

(Sanjay Priya, J) S.Ali/- U T