Lalan Shahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35779 of 2014 Arising Out of PS.Case No. -64 Year- 2014 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Lalan Shahani Son of Late Channar Shahani

2. Manju Shahani S/o Late Saday Shahani Both resident of village- Chakpitambar, P.S.- Vaishali, District- Vaishali. .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ajay Kumar Thakur, Advocate For the State : Mr. L.K.Sharma, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 11-02-2015 I have heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in connection with Vaishali P.S. Case No. 64 of 2014 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code and 27 of the Arms Act. It is submitted on behalf of the petitioners that petitioners though have been alleged in the first information report to be armed with countrymade pistol and fired but there is no fire arm injury and allegation of assault is general and omnibus. There is a case and counter case and injuries on the other side also. Cause for the concerned altercation, as disclosed in the first information report, was due to illegal use of electricity.

Patna High Court Cr.Misc. No.35779 of 2014 (2) dt.11-02-2015 2/2 Having regard to the facts and circumstances of the case, let the petitioners, namely, Lalan Shahani and Manju Shahani be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Vaishali P.S. Case No. 64 of 2014, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure with a further condition that one of the bailors of the petitioners must be a close relative or family member of the petitioners who shall file affidavit before the concerned court giving complete genealogy to show his / her relationship with them. If the petitioners, after their release in this case, are again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of their bail bonds.

(Dr. Ravi Ranjan, J) Spd/- U T