Madan Sahni And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.40702 of 2017 (4) dt.24-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40702 of 2017 Arising Out of PS.Case No. -139 Year- 2015 Thana -BAHADURPUR District- PATNA ======================================================
1. Madan Sahni Son of Kuldeep Sahni,
2. Santosh Kumar Son of Kishore Prasad,
3. Ajay Kumar Son of Rambabu Yadav,
4. Md. Sahid Hasan @ Md. Sahid @ Sahid Husain, Son of Late Eqbal Hasan, All R/o Sandalpur, P.S.- Bahadurpur, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dudh Nath Singh, Adv. For the Opposite Party/s : Mr. Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-11-2017 Learned counsel for the petitioners has submitted that the petitioner no.4 has died, therefore, this application has now become infructuous with respect to petitioner no.4. Accordingly, this application stands dismissed having been infructuous with respect to petitioner no.4 only. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bahadurpur Police Station Case No. 139 of 2015, disclosing offences under Sections 147, 148, 149, 323, 307, 384, 379, 337, 427 and 504 of the Indian Penal Code. Learned counsel for the petitioners has submitted
Patna High Court Cr.Misc. No.40702 of 2017 (4) dt.24-11-2017 that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, co-accused against whom specific allegation have been levelled, have been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 6476 of 2016, Cr. Misc. No. 8686 of 2016 and Cr. Misc. No. 7000 of 2016. The case of these petitioners stands on better footing to them who has been granted anticipatory bail. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on 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 Judicial Magistrate-1st Class, Patna City, in connection with Bahadurpur Police Station Case No. 139 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T