Subhash Sahani @ Subash Sahani @ Subash Sutani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7292 of 2018 Arising Out of PS.Case No. -185 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Subhash Sahani @ Subash Sahani @ Subash Sutani,

2. Nawal Sahani,

3. Pappu Sahani, all sons of Chandrika Sahani, all residents of villagePanditpur Malahi Tola, P.S.- Piprakothi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Piprakothi P.S. Case No.185 of 2017 instituted for the offence under Section(s) 323, 341, 324, 307, 379, 427/34 Indian Penal Code. Counsel for the petitioners has submitted that there is no allegation of any specific overt act against these petitioners. Specific allegation of assault is against co-accused, Dilip Sahani, who has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 11.12.2017 passed in Cr. Misc. No.57124 of 2017.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.7292 of 2018 (2) dt.07-02-2018 2/2 the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Piprakothi P.S. Case No.185 of 2017, they shall be released on anticipatory 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 Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T