Dharmendar Shahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56961 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- JIRADEI District- Siwan ====================================================== 1.
Dharmendar Shahani son of Baleshwar Shahani Resident of Village - Akolhi, P.S. Jiradei District - Siwan 2.
Hareram Mallah @ Chhotak Sahani @ Hareram Sahni son of Narayan Sahani Resident of Village - Akolhi, P.S. Jiradei District - Siwan 3.
Rambabu Sahni @ Ram Babu Sahani son of Harendra Sahni Resident of Village - Akolhi, P.S. Jiradei District - Siwan 4.
Vikrama Malah @ Vikrama Sahani son of Ekaval Sahani @ Ram Ekbal Sahani Resident of Village - Akolhi, P.S. Jiradei District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-08-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Jiradei P.S. Case No. 51 of 2025 for the offence under sections 191(2), 191(3), 190, 126(2), 132, 351 (2), 352, 253 and 61(2) of the B.N.S. lodged on 10.04.2025 by the informant, Kumar Rajeev Roshan.
3. As per the prosecution story, the informant, a Police Officer, alleged that the bike was intercepted and apprehended, Vikrama Sahani (petitioner no. 4) and Raghaw Ram and could see that they are intoxicated. Meanwhile, the
2/4 locals came and after abusing the Policemen, managed to make them escape. With the help of CCTv, they were identified and the FIR lodged.
4. Learned counsel for the petitioners submit that so far as the petitioner no. 4 is concerned, only on bare apprehension that he is intoxicated, was apprehended and when they wanted to show reason, the FIR. He further submits that without accepting the allegation and/or the outcome of the present petition, learned counsel for the petitioners submit that they intend to contribute Rs. 2,000/- each (totalling Rs. 8,000/-) to the Chief Minister's Relief Fund.
5. Learned APP opposes the prayer submitting that allegation against them is that they took the law in their own hands.
6. Taking into account the submissions of the parties as also that the FIR has been lodged and they shall be facing the trial, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions subject to payment of Rs. 2,000/- each (totalling Rs. 8,000/-) to the Chief Minister's Relief Fund through Demand Draft and the receipt be submitted to the learned trial Court.
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7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Siwan in connection with Jiradei P.S. Case No. 51 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T