Madan Sahani @ Bhuchangi Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36517 of 2018 Arising Out of PS.Case No. -93 Year- 2018 Thana -KOTWALI District- MUNGER ======================================================
1. MADAN SAHANI @ BHUCHANGI SAHANI Son of Late Souffi Sahani.
2. Sunnay Kumar Son of Madan Sahani. null
3. Shyam Sahani Son of Late Souffi Sahani.
4. Amit Kumar Son of Yogendra Sahani.
5. Amar Sahani, Son of Shyam Sahani, All resident of MohallaChoukhandi, P.S. Kotwali (Bashudeopur), District- Munger. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Heard the parties.
The petitioners re apprehending their arrest in connection with Kotwali (Basudeopur) P.S.Case No.93 of 2018 registered for offences punishable under Sections 147, 148,149, 323, 333, 353, 307, 393, 224 and 225 of the Indian Penal Code. Allegation against the petitioners is that when the police went to arrest petitioner no.1 (Madan Sahani @ Bhuchangi Sahani), all the petitioners assembled there and assaulted the police party.
Submission of the learned counsel for the petitioner is that no injury was found on the Daroga and other police officials and
Patna High Court Cr.Misc. No.36517 of 2018 (3) dt.23-07-2018 2/2 the injury of tenderness was found.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, so far petitioner no.1 (Madan Sahani @ Bhuchangi Sahani) is concerned, I am not inclined to grant privilege of anticipatory bail to him, however, other petitioners (petitioner no.2 Sunny Kumar, 3. Shyam Sahani, 4. Amit Kumar and 5. Amar sahani) are concerned, they are directed to surrender before the learned court below within a period of six weeks from the date of receipt of the order and on surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger in connection with Kotwali (Basudeopur) P.S.Case No.93 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T