Kalyan Sahani @ Kalyan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41328 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- MOTIHARI TOWN District- East Champaran ====================================================== KALYAN SAHANI @ KALYAN SAHNI S/o Mathura Sahani R/o villageBelbanwa, P.S.- Town, 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.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2019 This application, for grant of anticipatory bail, arises out of Motihari Town P.S. Case No. 198 of 2019, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 279, 338 and 506 of the Indian Penal Code.

Prosecution case is that while the informant was going to market to purchase medicine, accused persons came on tempo and dashed his motorcycle, due to which, he fell down, thereafter, accused persons came out of the tempo and assaulted the informant by means of fists and slaps and when the family members of the informant came to save him, co-accused Ravi Sahani took out dagger and assaulted his nephew Jishu Raj causing injury to him and further co-accused Suraj Sahani assaulted the said nephew by means of stepney of the tempo and

Patna High Court CR. MISC. No.41328 of 2019(2) dt.04-07-2019 2/2 further co-accused Rajan Sahani and Chhotu Sahani crushed the leg of brother of informant by tempo, causing injury to him. Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case and no specific allegation has been attributed to the petitioner and he was only present at the place of occurrence. Further submission is that scuffle took place with respect to the accident between the motorcycle and the tempo Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Motihari Town P.S. Case No. 198 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T