Bharat Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43835 of 2019 Arising Out of PS. Case No.-381 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== 1.

BHARAT SAHNI Son of Bhonu Sahni Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzarffarpur.

2.

Tuntun Sahni Son of Bhutan Sahni Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur.

3.

Chhullahi Sahni @ Chulhai Sahni Son of Ruplal Sahni Resident of VillageBara Bharthi, P.S. Minapur, District- Muzaffarpur. 4.

Deepak Kumar Son of Rampraavesh Singh Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur. 5.

Lal Bachchan Sahni @ Lal Bachan Sahni s/o-Permeshwar Sahni Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur. 6.

Sujeet Kumar @ Sujeet Kumar Sahni Son of Lal Bachchan Sahni Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur. 7.

Ravindra Sahni @ Raghvendra Sahni Son of Lal Bachchan Sahni Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur. 8.

Devendra Sahni Son of Permeshwar Sahni Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur. 9.

Ganesh Rai Son of Dharmnath Rai Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur.

10.

Raghunath Bhagat Son of Jagdish Bhagat Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur.

11.

Shatrudhan Sahni Son of Permeshwar Sahni Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur. 12.

Manjeet Sahni Son of Devendra Sahni Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur.

13.

Shahi Rai @ Shashi Rai Son of Arjun Rai Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur.

14.

Ramnandan Sahni @ Ramanandan Sahni Son of Permeshwar Sahni Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur. 15.

Sanjay Rai Son of Dhirendra Kumar Rai Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur.

16.

Sunil Kumar Son of Suraj Bhagat Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur.

17.

Ranjeet Sahni Son of Ramnandan Sahni Resident of Village- Bara Bharthi, P.S. Minapur, District- Muzaffarpur.

18.

Arun Singh Son of Digvijay Singh Resident of Village- Bishunpur Panday, P.S. Minapur, District- Muzaffarpur.

... ... Petitioners

Versus

Patna High Court CR. MISC. No.43835 of 2019(2) dt.17-07-2019 2/3 The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2019 Petitioners seek bail in anticipation of their arrest in connection with Kanti P.S. Case No. 381 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 427, 332, 333, 337, 338, 385, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3/4 of Prevention of Damage of Public Property Act.

Allegation against the petitioners, who are 18 in numbers, is that one person died in truck accident and due to that they formed an unlawful assembly demanding compensation and started assaulting the police and they also made firing.

Submission of learned counsel for the petitioners is that they have been made accused on suspicion and no specific allegation has been attributed against any of them and petitioners have no criminal antecedent except petitioner Nos. 5, 6, 8, 11 and 14.

Heard learned APP also.

In view of above facts and circumstances, let

Patna High Court CR. MISC. No.43835 of 2019(2) dt.17-07-2019 3/3 petitioner Nos. 1 to 4, 7, 9, 10,12, 13 and 15 to 18 in the event of arrest or surrender be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate (West) Muzaffarpur, in connection with Kanti P.S. Case No. 381 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

So far petitioner Nos. 5, 6, 8, 11 and 14 are concerned, in the facts and circumstances and considering the fact that they have criminal antecedents, I am not inclined to grant the privilege of anticipatory bail to them. They may surrender and pray for regular bail.

With the above observation, this application is disposed of.

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