Sudish Sahani @ Sudistha Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70600 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.
SUDISH SAHANI @ SUDISTHA SAHANI Son of Ram Baran Sahani Resident of Village- Sarotar, P.S.- Dumariyaghat, District- East Champaran. 2.
Suraj Kumar @ Suraj Sahani Son of Arjun Sahani Resident of VillageSarotar, P.S.- Dumariyaghat, District- East Champaran. 3.
Arjun Sahani Son of Ram Chandera Sahani Resident of Village- Sarotar, P.S.- Dumariyaghat, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-06-2022 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 307, 447, 341, 323, 324, 325, 379, 506, 147 and 149 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, it is stated that the accused persons including the three petitioners herein surrounded the informant and assaulted him.
It is submitted by learned counsel for the petitioners that the three petitioners along with others were granted anticipatory bail vide order dated 26.11.2021(Annexure-1),
Patna High Court CR. MISC. No.70600 of 2021(2) dt.06-06-2022 2/2 however as at the same time the three petitioners had been taken into custody, they were not enlarged on bail. On merits, it is submitted that the specific allegation is against coaccused Lakhan Kumar and Basant Kumar. The petitioners are in custody since 29.8.2021 and have no criminal antecedent. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration that on earlier occasion these three petitioners had been enlarged on bail together with the petitioners having remained in custody for 9 months and chargesheet having been submitted in the case, the Court directs the petitioners to be enlarged on bail in connection with Dumariyaghat P.S. Case no. 78 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Motihari, East Champaran.
(Partha Sarthy, J) Bibhash/- U