Pramod Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64338 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== 1.

PRAMOD SAHNI S/o Vakil Sahni Resident of Shivdaspur, P.S.- Katara, District- Muzaffarpur 2.

Ramanand Das S/o Parikshan Das Resident of Shivdaspur, P.S.- Katara, District- Muzaffarpur 3.

Naresh Das S/o Garbhu Das Resident of Shivdaspur, P.S.- Katara, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Katara P.S. Case No.65 of 2019 registered under Sections 147, 149, 341, 323, 337, 353 and 504 of the Indian Penal Code besides Section 45 of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of patrolling duty, the informant along with other police personnel reached at villageShivdaspur Tola, then saw that 10-12 persons were taking the toddy at two toddy shops. When the informant along with other

Patna High Court CR. MISC. No.64338 of 2019(2) dt.23-10-2019 2/3 police personnel asked them to close the toddy shop, then they told that they would not close the toddy shop as today is Holi and they would not obey the law. When the informant along with other police personnel tried to get the toddy shop closed, then 28 persons including the petitioners, who were present there, started to abuse and pelting stones at the police party and also tried to snatch their arms and ammunition. Any how, the informant along with other police personnel saving themselves reached at the door of Mukhiyaji.

Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. but it is not detailed therein as to how the informant and other police personnel knew the name of the villagers including the petitioners, who are said to be present at the place of the occurrence. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Muzaffarpur, in connection with Katara P.S. Case No.65 of

Patna High Court CR. MISC. No.64338 of 2019(2) dt.23-10-2019 3/3 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T