Manager Sahani @ Maneger Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47282 of 2014 Arising Out of PS.Case No. -120 Year- 2014 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Manager Sahani @ Maneger Sahni

2. Lal Babu Sahani @ Lal Babu Sahni Both are sons of Late Madho Sahni

3. Rajbanshi Sahni @ Raj Banshi Sahani @ Rajvanshi Sahni Son of Dhodhai Sahni All are residents of Village - Bhopatpur, P.S. - Kotwa, District - East Champaran.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Nitya Nand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners are accused in connection with Kotwa P.S. Case No. 120 of 2014 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act in which they are in custody since 23.08.2014.

It is submitted on behalf of the petitioners that even if the First Information Report taken as a whole, the petitioners simply opened fire in the air and that the firing has not caused any injury to the deceased.

Patna High Court Cr.Misc. No.47282 of 2014 (2) dt.04-02-2015 It is further submitted on behalf of the petitioners that they have been falsely implicated in the present case on account of village politics and that the allegation and the First Information Report clearly go to show that it was co-accused Dinesh Sahani who had fired at the deceased.

Considering the facts aforementioned and also the fact that the petitioners are in custody since 23.08.2014, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East at Champaran at Motihari in Kotwa P.S. Case No. 120 of 2014.

(Anjana Mishra, J.) Vats/- U T