Sajawal Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53635 of 2018 Arising Out of PS.Case No. -212 Year- 2018 Thana -SUGAULI District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Sajawal Sahani s/o Lakhichan Sahani

2. Rawan Sahani

3. Rama Sahani s/o Both Sajawal Sahani, All resident of VillageGhodigaow P.S. Sugauli District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 354B, 379, 504, 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that when the informant was sitting on the door, the accused persons came armed with iron rod, bamboo in their hands and started abusing. On protest, they assaulted the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The

Patna High Court Cr.Misc. No.53635 of 2018 (3) dt.09-10-2018 injury on the side of the accused persons has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Sugauli P.S. Case No. 212 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T