← Library
Patna High CourtCR. MISC./75109/2019bail granted

Kishun Sahni @ Kishundeo Sahni @ Kishun Sahani v. The State Of Bihar

2019-12-09Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75109 of 2019 Arising Out of PS. Case No.-1560 Year-2014 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

Kishun Sahni @ Kishundeo Sahni @ Kishun Sahani S/O Hira Sahni, Resident of Village- Sadhanpura, P.S.- Kathaiya, District- Muzaffarpur 2.

Bhagelu Sahni @ Bhagelu Sahani S/o Rijhan Sahni, Resident of VillageSadhanpura, P.S.- Kathaiya, District- Muzaffarpur 3.

Ashok Sahni @ Ashoka Sahani S/o Baidyanath Sahni @ Baijnath Sahni Resident of Village- Sadhanpura, P.S.- Kathaiya, District- Muzaffarpur 4.

Harindra Sahni @ Harindra Sahani S/o Deodhari Sahni Resident of VillageSadhanpura, P.S.- Kathaiya, District- Muzaffarpur 5.

Lagandeo Sahni @ Lagandeo Sahani S/o Bindeshwar Sahni Resident of Village- Sadhanpura, P.S.- Kathaiya, District- Muzaffarpur 6.

Madan Sahni @ Madan Sahani Son of Jagarnath Sahni Resident of VillageSadhanpura, P.S.- Kathaiya, District- Muzaffarpur 7.

Shivnath Sahni @ Shivnath Sahani S/o Late Hira Sahni Resident of VillageSadhanpura, P.S.- Kathaiya, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manager Sahni S/o Late Ramlal Sahni Resident of Village- Sadhanpura, P.S.- Kathaiya, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 1560 of 2014, Tr. No.718 of 2017 for the offence punishable under Sections 147, 148, 149,341, 323, 324, 380, 420 & 504 of the Indian Penal Code. The allegation is regarding the accused persons i.e.

Patna High Court CR. MISC. No.75109 of 2019(3) dt.09-12-2019 2/3 the petitioners herein having forcibly got the LTI of the younger brother of the informant on a sale deed and had then forced him to go to the registry office, however, later on, upon information, the family members of the informant reached there due to which registry could not be done. Thereafter, the petitioners are alleged to have reached at the house of the informant and abused him and his family members and are also alleged to have assaulted them.

The learned counsel for the petitioners has submitted that the petitioners are innocent and they are having clean antecedent inasmuch as there is no injury report of the injured in the case diary. It is further submitted that the petitioners have been falsely implicated in the present case on account of oblique motive.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned ACJM-II (West), Muzaffarpur in connection with Complaint Case No. 1560 of 2014, Tr. No.718 of 2017, subject to the conditions laid down

Patna High Court CR. MISC. No.75109 of 2019(3) dt.09-12-2019 3/3 under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U T