Birendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62549 of 2021 Arising Out of PS. Case No.-427 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== 1.

BIRENDRA SAHANI Son of Ram Naresh Sahani Resident of VillageSingahi, P.S.- Paru, District- Muzaffarpur. 2.

Fekan Sahani Son of Yodha Sahani Resident of Village- Chakdewaria, P.S.- Deoria, District- Muzaffarpur.

3.

Umesh Sahani Son of Bindeshwar Sahani Resident of Village- Chakdewaria, P.S.- Deoria, District- Muzaffarpur.

4.

Ramashankar Sahani Son of Harendra Sahani Resident of VillageChakdewaria, P.S.- Deoria, District- Muzaffarpur. 5.

Rajesh Sahani Son of Late Asharfi Sahani Resident of Village- Chakdewaria, P.S.- Deoria, District- Muzaffarpur.

6.

Ajit Sahani Son of Suresh Sahani Resident of Village- Chakdewaria, P.S.- Deoria, District- Muzaffarpur.

7.

Dipu Kumar Sahani Son of Ramesh Sahani Resident of Village- Singahi, P.S.- Paru, District- Muzaffarpur.

8.

Raj Kumar Sahani Son of Dineshwar Sahani Resident of Village- Singahi, P.S.- Paru, District- Muzaffarpur.

9.

Dewnath Sahani Son of Late Ramdev Sahani Resident of Village- Singahi, P.S.- Paru, District- Muzaffarpur.

10.

Sunil Sahani S/o Vishwanath Sahani Resident of Village- Singahi, P.S.- Paru, District- Muzaffarpur.

11.

Surendra Sahani @ Nank Sahani Son of Kishandev Sahani Resident of Village- Singahi, P.S.- Paru, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove

Patna High Court CR. MISC. No.62549 of 2021(2) dt.11-07-2022 2/3 the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341/323/307/353/379/504/506/34 of the Indian Penal Code. Allegedly, the FIR named accused persons assaulted the informant by legs and fists, when he tried to pacify a quarrel which was about to take place between two parties. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The injuries sustained by the injured are simple in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners and the injuries sustained by the injured are simple in

Patna High Court CR. MISC. No.62549 of 2021(2) dt.11-07-2022 3/3 nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Paroo P.S. Case No.427/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T