Bhupendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57259 of 2019 Arising Out of PS. Case No.-200 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== 1.
BHUPENDRA SAHNI, Son of Gokul Sahni 2.
Lal Babu Sahni, Son of Bachan Sahni 3.
Ashok Sahni, Son of Tarni Sahni 4.
Jibachha Sahni, Son of Devendra Sahni 5.
Mahesh Sahni, Son of Surendra Sahni 6.
Shiv Kumar Sahni, Son of Bangar Sahni 7.
Sanjay Sahni, Son of Kupi Sahni 8.
Ram Bilash Sahni, Son of Raj Kumar Sahni 9.
Ramu Sahni, Son of Bheku Sahni 10.
Nanki Sahni, Son of Sukh Ram Sahni All Residents of Village-Dullaure, P.S-Jandaha, District-Vaishali at Hajipur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2019 The petitioners apprehend their arrest in connection with Jandaha P. S. Case No. 200 of 2018 registered under Sections 147, 148, 149, 307, 323, 333, 337, 338, 341, 353, 379, 427, 435 and 504 of the Indian Penal Code and 3 and 4 of Prevention of Damage of Public Property Act and 27 of the Arms Act. Allegation against the petitioners is that petitioners along with 20 named and 1000 unknown persons assembled near Jandaha Police Station and created disturbances and ransacked
Patna High Court CR. MISC. No.57259 of 2019(2) dt.11-09-2019 2/3 the property of the Police Station and also snatched arms from the constables.
Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case due to village politics inasmuch as commission of murder of one Block Pramukh had taken place on the date of occurrence for which FIR, bearing Jandaha P.S.Case No. 202 of 2018, was lodged by the brother of the deceased. He further submits that upon hearing news of murder of Pramukh, a large number of villagers and supporters had assembled near the Police Station and they started brick batting and also created disturbances. Learned counsel submits that allegation against the petitioners is not specific and there is only general and omnibus allegation against a large number of general public. Learned counsel further submits that there is no injury caused to any of the police personnel, as stated by the petitioner at paragraph-13 of this application.
After having heard learned counsel for the parties and taking into consideration the fact that no specific allegation has been levelled against the petitioners and altogether 20 named and 1000 unknown persons were allegedly involved in disturbance near the Police Station, I am inclined to grant
Patna High Court CR. MISC. No.57259 of 2019(2) dt.11-09-2019 3/3 anticipatory bail to the petitioners.
Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM-XI, Vaishali at Hajipur in connection with Jandaha P.S.Case No. 200 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T