Bharat Sahni And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56785 of 2017 Arising Out of PS.Case No. -181 Year- 2016 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================
1. Bharat Sahni Son of Naresh Sahni
2. Lurki Sahni Son of Dhanpat Sahni Both are residents of Village - Bhatnahi, P.S. Jamdaha, District - Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Jandaha P.S. Case No. 181 of 2016 instituted for the offence under Sections-307, 325, 384 & other minor Sections of the Indian Penal Code. It is alleged in the written report that the petitioner No. 1 gave Gadansa blow on the head of the informant. The petitioner No. 2 gave dagger blow on the head of Rahul.
The injury report of both the injured have been annexed as Annexure-2 series wherein it appears that opinion has been kept reserved. The doctor has found lacerated wound on the person of the injured. It has further been submitted that there is case and counter case between the parties. Counter case bearing Jandaha P.S. Case No. 180 of 2016 has been filed by co-accused, Sanjay Sahni against the informant and others. The occurrence is said to have taken place on 11-11-2016
Patna High Court Cr.Misc. No.56785 of 2017 (2) dt.01-12-2017 2/2 and the case has been registered on 16-11-2016. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Jandaha P.S. Case No. 181 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Vaishali at Hajipur subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) A.K.V./- U T