Domu Sahni @ Shyam Sundar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49711 of 2024 Arising Out of PS. Case No.-123 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== 1.
DOMU SAHNI @ SHYAM SUNDAR SAHNI SON OF NATHUNI SAHNI R/O- VILLAGE- SHAPUR, DURGA ASTHAN TOLE, P.S.- PANDAUL, DISTT.- MADHUBANI 2.
SANTOSH SAHNI SON OF BEL SAHI @ RAM SAGAR SAHNI R/OVILLAGE- SHAPUR, DURGA ASTHAN TOLE, P.S.- PANDAUL, DISTT.- MADHUBANI 3.
KUNDAN SAHNI SON OF BINOD SAHNI R/O- VILLAGE- SHAPUR, DURGA ASTHAN TOLE, P.S.- PANDAUL, DISTT.- MADHUBANI 4.
ALOK SAH SON OF JAGARNATH SAH R/O- VILLAGE- SHAPUR, DURGA ASTHAN TOLE, P.S.- PANDAUL, DISTT.- MADHUBANI 5.
RANJIT SAHNI SON OF JAGARNATH SAHNI @ RAGHUNATH SAHNI R/O- VILLAGE- SHAPUR, DURGA ASTHAN TOLE, P.S.- PANDAUL, DISTT.- MADHUBANI 6.
RAJA KUMAR @ RAJAN SAHNI SON OF BINOD SAHNI R/OVILLAGE- SHAPUR, DURGA ASTHAN TOLE, P.S.- PANDAUL, DISTT.- MADHUBANI 7.
KAUSHAL SADAY @ KAILASH SADAY SON OF MAHENDRA SADAY R/O- VILLAGE- MADHEPURA, P.S.- PANDAUL, DISTT.- MADHUBANI 8.
CHALITRA SADAY SON OF KAPLESHWAR SADAY R/O- VILLAGEMADHEPURA, P.S.- PANDAUL, DISTT.- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Gagan Deo Yadav, Advocate Mr. Rajesh Kumar, Advocate Mr. Vinod Kumar, Advocate For the State :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148,
Patna High Court CR. MISC. No.49711 of 2024(2) dt.20-09-2024 2/3 149, 341, 323, 324, 353, 379, 427, 436 and 504 of the Indian Penal Code.
3. As per prosecution case, it is alleged that all the 35 F.I.R. named persons, including these petitioners and about 500 unknown persons set the house of one Shankar Sah on fire and looted several articles.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. Allegation against these petitioners are general and omnibus and there is no specific accusation of overt act against these petitioners. Similarly situated co-accused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide orders dated 24.06.2023 and 31.07.2023 passed in Cr. Misc. Nos. 20342 of 2023 and 42114 of 2023. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation, claim based on parity and clean antecedents of the petitioners, the prayer for grant of
Patna High Court CR. MISC. No.49711 of 2024(2) dt.20-09-2024 3/3 anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani, in connection with Pandaul P.S. Case No. 123 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T