Sanjay Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46286 of 2017 Arising Out of PS.Case No. -75 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sanjay Sahani, Son of Late Hari Shankar Sahani @ Shankar Sahni.
2. Nawal Prasad @ Nabal Prasad Son of Mangal Prasad,
3. Rajendra Bhagat @ Ramendra Bhagat Son of Late Ramehandra Bhagat @ Chandra Bhagat,
4. Dasai Bhagat Son of Late Ramchandra Bhagat @ Chandra Bhagat,
5. Prabhu Sahani Son of Mohan Sahani,
6. Bharat Sahani Son of Late Ram Lakhan Sahani. All R/o Village- Punas Lahaladpur, P.S.- Madhuban, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-10-2017 Heard both sides.
The petitioners apprehend their arrest in Rajepur P.S. Case No. 75 of 2016 registered for the offences punishable under Sections 143, 427 and 353 of the Indian Penal Code, Sections 3/4 of Prevention of Damages to Public Property Act, 1984. The BDO, Rajepur alleged that about 100 to 150 persons entered into office of the BDO and damaged the public property. When the informant returned, he came to know the name of the petitioners and others who had participated in the occurrence.
Patna High Court Cr.Misc. No.46286 of 2017 (2) dt.18-10-2017 Learned counsel for the petitioners submits that the informant has not disclosed the motive behind the occurrence. The informant appears to be not an eye witness of the occurrence. Similarly situated co-accused Ramayan Sahani @ Ram Kumar Sahani has been granted bail vide order dated 17.10.2017 passed in Cr. Misc. No. 49565 of 2017. The case of the petitioner stands on the same footing.
Considering the facts aforesaid, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 Sub-Divisional Judicial Magistrate, Sadar, East Champaran, Motihari in Rajepur P.S. Case No. 75 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) KKSINHA/- U T