Lachhan Deo Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54408 of 2015 Arising Out of PS.Case No. -46 Year- 2015 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lachhan Deo Sahani S/o Medhu Sahani R/o village - Bagahi, P.S. Darpa, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. The prosecution case is that on 18.05.2015 at 7.30 A.M. the accused persons came to the shop of the informant and started abusing when protest was made then the accused persons damaged the goods kept in the shop. The

Patna High Court Cr.Misc. No.54408 of 2015 (2) dt.01-12-2015 2/3 informant's son and daughter came to rescue then co-accused Sanju Sahani assaulted with Farsa to the informant but actually it caused hurt to the informant's daughter-in-law when co-accused Bhulan Sahani caused injury to the informant's grand daughter with knife on her neck. Other accused persons caused hurt to the informant and his son. It is against the petitioner that he took out twenty five thousand rupees from the cashbox of the informant's shop.

It is submitted by learned counsel for the petitioner that for the occurrence of 18.05.2015 the FIR was registered on 23.05.2015 but the petitioner side lodged the case on 18.05.2015 itself. The injury has been found to be simple and the petitioner side have also received injuries. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Raxaul at Motihari in connection with

Patna High Court Cr.Misc. No.54408 of 2015 (2) dt.01-12-2015 3/3 Darpa P.S. Case No. 46 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T