Bachcha Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63965 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== 1.

BACHCHA SAHNI Son of Late Ram Kishun Sahni Resident of-Babuaganj, Chand Colony, P.S.-Alamganj, District-Patna.

2.

SANGEETA KUMARI Daughter of Bachcha Sahni Resident of-Babuaganj, Chand Colony, P.S.-Alamganj, District-Patna.

3.

SUNITA DEVI @ SARITA DEVI Wife of Bachcha Sahni Resident ofBabuaganj, Chand Colony, P.S.-Alamganj, District-Patna. 4.

RAJESH SAHNI Son of Bachcha Sahni Resident of-Babuaganj, Chand Colony, P.S.-Alamganj, District-Patna.

5.

CHANDAN SAHNI Son of Bachcha Sahni Resident of-Babuaganj, Chand Colony, P.S.-Alamganj, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash, Adv For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2023 1.

Heard learned counsel for the petitioners and the learned APP for the State.

2.

The petitioners are apprehending their arrest in connection with Alamganj P.S. Case No. 137 of 2023 registered for the offence punishable under Sections 341, 323, 307, 354B and 34 of the Indian Penal Code.

3.

The accused petitioners, who were neighbours of the informant, have obstructed in construction of the wall. Whereafter it is alleged that petitioners have indulged in assault

Patna High Court CR. MISC. No.63965 of 2023(2) dt.18-10-2023 2/3 and disrobing of the informant.

4.

The learned counsel for the petitioners submits that the parties are quarrelling over rights over the property in question. Whereafter Alamganj P.S. Case No 136 of 2023 was lodged by the present petitioners against the informant side. Whereafter the present prosecution was lodged against the petitioners. The simple injury has been sustained in the quarrel, which took place between the parties. The petitioners are all part of the same family, having no antecedents.

5.

Learned APP for the State has opposed the prayer for pre-arrest bail.

6.

Considering the nature of allegations, injury as recorded in the order passed by the learned Additional Sessions Judge-IV Patna City, clean antecedents and the case and counter-case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioners' counsel. Prayer for anticipatory bail of the petitioners is allowed.

7.

Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with

Patna High Court CR. MISC. No.63965 of 2023(2) dt.18-10-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Patna City, Patna in connection with Alamganj P.S. Case No. 137 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T