Patna High CourtCR. MISC./1012/2016bail granted

Pahari Sahani And ORS. v. The State Of Bihar

2016-03-03Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.1012 of 2016 (4) dt.03-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1012 of 2016 Arising Out of PS.Case No. -125 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pahari Sahani Son of Late Darshan Sahani

2. Naresh Sahani Son of Pahari Sahani

3. Mahesh Sahani Son of Pahari Sahani

4. Dinesh Sahani Son of Pahari Sahani All residents of Village - Chorma, P.S. - Pakridyal, District - East Champaran at Motihari. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Adv. For the Opposite Party/s : Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Pakridyal P.S. Case No. 125/2015, disclosing offences under sections 341, 323, 324, 307, 447, 379/34 of the Indian penal Code. Learned counsel for the petitioners submits that the informant and the petitioners are next door neighbours. According to him, no offence under section 307 of the Indian Penal Code is made out and the allegations are ornamental in nature, just in order to add gravity to the allegations. It has further been submitted that the First Information Report has been instituted nearly three

Patna High Court Cr.Misc. No.1012 of 2016 (4) dt.03-03-2016 months after the date of occurrence and there is no explanation at all for such delay.

Considering these submissions, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released 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 the A.C.J.M.V, East Champaran at Motihari in Pakridyal P.S.Case No. 125/2015, arising out of G.R.Case No. 5173/2015, subject to the conditions as laid down under section 438(2) Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U