Bindeshwar Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5263 of 2017 Arising Out of PS.Case No. -301 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Bindeshwar Sahni

2. Umesh Sahni. SI. nos. 1 and 2 are sons of Late Janak Sahni

3. Mantun Sahni @ Mantun Kumar, Son of Umes Sahni

4. Manjay Kumar Sahni @ Manjay Kumar, Son of Suresh Sahni, All are residents of Village:- Maura Kurd, P.S.:- Tajpur, District- Samastipur .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Dilip Kumar Roy, Adv. For the State : Mr. Sunil Kumar Pandey, APP 141 For the informant : Mr. Ravi Shankar Pankaj, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2017 Heard the learned counsel for the petitioners, the informant and the State.

This is a petition for grant of anticipatory bail for offence under Sections 341, 342, 323, 307 and 379/34 of the Indian Penal Code.

Co-accused, Rekha Devi, had lodged a case under Sections 376 and 511 of the Indian Penal Code. Thereafter, the present first information report has been lodged with allegation that on the order of the petitioner, Bindeshwar Sahni, another petitioner and Umesh Sahni, assaulted with the butt of the gun and there is no allegation against the petitioner, Mantun Sahni. Petitioner, Manjay Kumar Sahni @ Manjay Kumar, has already been arrested, hence, his prayer for anticipatory bail is dismissed as infructuous.

Patna High Court Cr.Misc. No.5263 of 2017 (2) dt.03-03-2017 2/2 The learned counsel for the informant submits that in fact informant presently correspondent. He had informed to the local authorities regarding theft of electricity and bricks being committed by the petitioners and that's why the occurrence was committed.

Considering the aforesaid fact, the petitioners, Bindeshwar Sahni, Umesh Sahni and Mantun Sahni @ Mantun Kumar, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Tajpur P.S. Case No. 301 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, I, Samastipur, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √