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Patna High CourtCR. MISC./62887/2017bail granted

Anil Sahni @ Anil Kumar And ORS v. The State Of Bihar

2018-01-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62887 of 2017 Arising Out of PS.Case No. -96 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Anil Sahni @ Anil Kumar, S/o Ram Deo Sahni,

2. Ram Deo Sahni, S/o Late Manje Sahni.

3. Raju Sahni, S/o Late Manje Sahni.

4. Deepak Sahni @ Deepak Kumar, S/o Raju Sahni.

5. Navin Kumar, S/o Ram Deo Sahni, All are resident of Village- Ram Nath Dhamenli, P.S.- Kanti, Dist.- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2018 Heard the learned counsel for the petitioners, the learned counsel for the informant and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Kanti P.S. Case No. 96 of 2017 registered for the offence punishable under Sections 147, 148, 149, 448, 341, 323, 324, 307, 354, 379 and 504 of the Indian Penal Code. The allegation against the petitioners is assaulting the informant side resulting in injuries being inflicted on the informant side.

The learned counsel for the informant submits that the allegation, if so any, is against the petitioners Nos. 1 to 3, as far as inflicting injury on the prosecution side is concerned, but all these injuries have been found to be simple in nature, upon the injured

Patna High Court Cr.Misc. No.62887 of 2017 (3) dt.23-01-2018 2/2 persons having been examined by the Doctor, as is clear from the case diary. It is further submitted that no allegation of any sort of overt act has been levelled has far as the petitioners No. 4 and 5 are concerned.

The learned counsel for the petitioners submits that the present case arises out of case and counter case and in fact, in the counter case, which has been filed by the petitioner No. 1, the petitioners' side has received grievous injuries. The petitioners are stated to be having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West Muzaffarpur in connection with Kanti P.S. Case No. 96 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T