Siyalal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61643 of 2024 Arising Out of PS. Case No.-183 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Siyalal Sahani Son of Yadavlal Sahani R/O Vill.- Akauna, P.S.- Chiraiya, Dist.- Motihari.

2.

Horil Sahani Son of Babulal Sahani R/O Vill.- Akauna, P.S.- Chiraiya, Dist.- Motihari.

3.

Panna Devi @ Pancharoi Devi Wife of Babulal Sahani R/O Vill.- Akauna, P.S.- Chiraiya, Dist.- Motihari.

4.

Yadavlal Sahani Son of Bhanu Sahani R/O Vill.- Akauna, P.S.- Chiraiya, Dist.- Motihari.

5.

Babulal Sahani Son of Bhanu Sahani R/O Vill.- Akauna, P.S.- Chiraiya, Dist.- Motihari.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Chiraiya P.S. Case No. 183 of 2024 dated 01.05.2024, lodged under Sections 147, 148, 149, 341, 323, 324, 307, 447, 379, 504 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against 24 named accused persons including the present petitioners against whom there is an allegation that they have assaulted the

Patna High Court CR. MISC. No.61643 of 2024(2) dt.11-09-2024 2/3 informant and his family members with iron rod and lathi danda. Snatching of gold chain is also there in the FIR.

4. Learned counsel for the petitioner submits that the petitioners are innocent and have committed no offence. Counsel submits that from bare perusal of the FIR, allegation of assault by iron rod, lathi danda and snatching of gold chain is there, but there is nothing specific against the present petitioners. Counsel further submits that the criminal antecedent of the petitioners are clean and they are ready to fulfill all the conditions whatsoever shall be imposed upon them. Counsel submits that there is also case and counter case between the parties which is annexed as Annexure-1 and Annexure-2 of the present bail application.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sikrahana at Dhaka, East Champaran in

Patna High Court CR. MISC. No.61643 of 2024(2) dt.11-09-2024 3/3 connection with Chiraiya P.S. Case No. 183 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dr. Anshuman, J) Divyansh/- U T