Dinesh Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56843 of 2018 Arising Out of PS.Case No. -121 Year- 2016 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Dinesh Sahni, S/o Ram Lal Sahni,

2. Ramesh Sahni S/o Ram Lal Sahni,

3. Suresh Sahni S/o Ram Lal Sahni, All R/o Vill.- Akwarpur, P.S.- Kalyanpur, District- Samastipur. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Part ====================================================== Appearance :

For the Petitioner/s : Mr. Sujit Kumar Singh, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Kalyanpur P. S. Case No. 121 of 2016 registered under Sections 143, 342, 283, 333, 224, 225, 353, 427 and 504 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that though the alleged occurrence of offence took place on 22.09.2016, the Station House Officer of Kalyanpur Police Station recorded his self-statement at the police station after three days on 25.09.2016 at 2:00 P.M. and the undue delay of three days caused in recording his self-statement has not been explained in any manner. He contended that seven other co-

Patna High Court Cr.Misc. No.56843 of 2018 (2) dt.06-10-2018 2/2 accused persons namely, Dilip Sahani, Lalo Sahani, Kuldeep Sahani, Mala Devi, Jai Kishun Sahani, Bablu Sahani and Dipo Devi having identical allegations to that of petitioners have already been granted pre-arrest bail by a Bench of this Court vide order dated 07.07.2017 passed in Cr.Misc.No.25504 of 2017.

Learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioners. Regard being had to the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P. S. Case No. 121 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/SkSuman.

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