Mohan Lal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25083 of 2015 Arising Out of PS.Case No. -179 Year- 2009 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mohan Lal Sahani Son of Late Bishwanath Sahani Resident of Village Ujjain Lohiyar Tola Singaha, P.S. Harsidhi District East Champaran (Motihari).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Harsidhi P. S. Case no. 179 of 2009 instituted under Sections 341, 326, 307, 379, 504 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that petitioner was contesting for the post of President in the election of PACS. The informant went to the Anchal office and on that day petitioner came there and threatened them with dire consequences if he loose the election. While informant was returning to his house, some persons attacked and opened fire at him which hit him on the left shoulder. It has been submitted that petitioner has got no criminal antecedent. It has further been submitted that chargesheet in the present case has been submitted, which indicates that petitioner has not been sent up for trial. The final form against the petitioner has been submitted, which finds place

Patna High Court Cr.Misc. No.25083 of 2015 (3) dt.16-09-2015 2 / 2 at Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, in connection with Harsidhi P.S. Case no. 179 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T