Birju Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28253 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================
1. Birju Sahani, son of Kishun Sahani
2. Namod Sahani @ Namod Kumar son of Jageshwar Sahani
3. Manoj Sahani @ Manoj Kumar son of Jageshwar Sahani
4. Madan Sahani son of Kishun Sahani
5. Sant Lal Sahani son of Kishun Sahani
6. Japher Sahani son of Kishun Sahani above all are resident of VillagePatepur, P.S.- Kartaha, District- Vaishali
7. Nagendra Kumar, son of Ram Kishun Mahto @ Sirkatawa, resident of Daulatpur Chandi, P.S.- Sadar, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 308, 504, 506 of the Indian Penal Code.
The prosecution case is that on 15.01.2016 the informant had scuffled with co-accused Ranjeet Sahani, thereafter the matter was pacified but again at 8-9 P.M all the F.I.R named accused persons variously armed surrounded the informant and on the order of Ranjeet Sahani the accused persons started assaulting the informant and when his brother Lablu Sahani and cousin Nandu came to rescue, they were also assaulted due to which Lablu Sahani got head injury and Suraj
Patna High Court Cr.Misc. No.28253 of 2016 (2) dt.14-07-2016 2/2 and Nandu also received injuries. On alarm being raised the villagers came and thereafter the accused persons escaped from the scene.
It is submitted by learned counsel for the petitioners that accusation is omnibus and general. The petitioners' side lodged Kartaha P.S. Case No. 06 of 2016 at earlier point of time and thereafter the present case has been lodged.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, 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 learned Additional Chief Judicial Magistrate, Vth, Vaishali in connection with Kartaha P.S. Case No. 08 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T