Dharm Sahni @ Dharma Sahni And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.825 of 2015 (2) dt.09-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.825 of 2015 ======================================================

1. Dharm Sahni @ Dharma Sahni, son of Shankar Sahni @ Shankar Raut.

2. Biji Lal Sahni, son of Late Jangi Sahni.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Kumar Virendra Narayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody in a case initially registered for the offences punishable under Sections 147, 148, 149, 341, 307, 120B of the Indian Penal Code and 27 of the Arms Act but subsequently, Section 302 of the Indian Penal Code was also added.

According to prosecution case itself, it were coaccused, Harendra Sahni and Chandrika Sahni who opened fire on the informant. So far as petitioners are concerned, it is stated that petitioner no. 2 is said to be order giver whereas petitioner no. 1 was only a member of unlawful assembly. Petitioners do not have any criminal antecedent which is evident from para-3 to the petition.

Patna High Court Cr.Misc. No.825 of 2015 (2) dt.09-01-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Sadar, East Champaran, Motihari in connection with Muffasil (Lakhaura) P.S. Case No. 185 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T