Sanjeev Kumar @ Sanjeev Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53116 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- MANSURCHAK District- Begusarai ====================================================== 1.

SANJEEV KUMAR @ SANJEEV SAHANI Son of Sukho Sahani Resident of Village - Rajapur Ragho (Satha), Ward no.13, P.s.- Mansurchak, Distt.- Begusarai.

2.

Mandip Kumar @ Mandip Kumar Sahani Son of Ramsakal Sahani Resident of Village - Rajapur Ragho (Satha), Ward no.13, P.s.- Mansurchak, Distt.- Begusarai.

3.

Pradip Sahani Son of Rameshwar Sahani Resident of Village - Rajapur Ragho (Satha), Ward no.13, P.s.- Mansurchak, Distt.- Begusarai. 4.

Jitendra Sahani @ Jito Sahani Son of Babu Prasad Sahani Resident of Village - Rajapur Ragho (Satha), Ward no.13, P.s.- Mansurchak, Distt.- Begusarai.

5.

Ram Shakal Sahani Son of Babu Prasad Sahani Resident of Village - Rajapur Ragho (Satha), Ward no.13, P.s.- Mansurchak, Distt.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53820 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- MANSURCHAK District- Begusarai ====================================================== 1.

PARVATI DEVI WIFE OF SUKHO SAHANI R/O VILLAGE- RAJAPUR RAGHO (SATHA), WARD NO.13, P.S.- MANSURCHAK, DISTRICTBEGUSARAI 2.

PHULAN DEVI WIFE OF BISHUN SAHANI R/O VILLAGE- RAJAPUR RAGHO (SATHA), WARD NO.13, P.S.- MANSURCHAK, DISTRICTBEGUSARAI 3.

LAKHO DEVI WIFE OF PHULCHAN SAHANI R/O VILLAGERAJAPUR RAGHO (SATHA), WARD NO.13, P.S.- MANSURCHAK, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 53116 of 2022) For the Petitioner/s :

Mr.Hare Krishna Prasad For the Opposite Party/s :

Mr.Nawal Kishore Prasad

Patna High Court CR. MISC. No.53116 of 2022(2) dt.17-01-2023 2/3 (In CRIMINAL MISCELLANEOUS No. 53820 of 2022) For the Petitioner/s :

Mr.Hare Krishna Prasad For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The learned counsel for the petitioner has submitted that the petitioner No. 3 in Cr. Misc No. 53820 of 2022 has already been arrested by the police during the pendency of this application. Accordingly, this anticipatory bail application is dismissed as infructuous.

The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 147, 149, 323, 341, 337, 338, 332, 353, 504 and 427 of the Indian Penal Code. As per prosecution case, the petitioner and co-accused persons caused hindrance while the police personnel were discharging their official duty and all the accused persons started pelting stones on them, due to which several police personnel sustained injuries.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated at para 3 of the

Patna High Court CR. MISC. No.53116 of 2022(2) dt.17-01-2023 3/3 bail petition. The petitioners are members of mob. There is general and omnibus allegation against the petitioners. The petitioner No. 1 and 2 in Cr. Misc No. 53820 of 2022 are ladies. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Mansurchak P.S. Case No. 57 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T