Janardan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.447 of 2022 Arising Out of PS. Case No.-282 Year-2020 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

JANARDAN SAHNI S/o- Maheshwar Sahni Resident of Village- Barhad (Barhatta), P.S. - Hathauri, Distt. - Muzaffarpur. 2.

Laxmi Sahni Son of Maheshwar Sahni Resident of Village- Barhad (Barhatta), P.S. - Hathauri, Distt. - Muzaffarpur. 3.

Subhash Kumar Son of Laxmi Sahni Resident of Village- Barhad (Barhatta), P.S. - Hathauri, Distt. - Muzaffarpur.

4.

Niwash Kumar Son of Laxmi Sahni Resident of Village- Barhad (Barhatta), P.S. - Hathauri, Distt. - Muzaffarpur.

5.

Jai Kishan Sahni @ Jai Kishun Sahni Son of Mahendra Sahni @ Mahindra Sahni Resident of Village - Barhad (Barhatta), P.S. - Hathauri, Distt. - Muzaffarpur.

6.

Mahendra Sahni @ mahindra Sahni Son of Budhan Sahni Resident of Village- Barhad (Barhatta), P.S. - Hathauri, Distt. - Muzaffarpur. 7.

Mukesh Sahni Son of Raj Kishore Sahni Resident of Village - Barhad (Barhatta), P.S. - Hathauri, Distt. - Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Hathauri P.S. Case No. 282 of 2020 registered for the offence under

Patna High Court CR. MISC. No.447 of 2022(2) dt.24-03-2022 2/3 Sections 147, 149, 341, 323, 353 and 504/34 of the Indian Penal Code.

Allegedly, the accused persons assaulted the police and tried to rescue the arrested co-accused from custody of the police.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Fourteen known and 15-20 unknown persons have been made accused in the FIR. From perusal of the order of the Sessions Court, it is evident that there is no injury report on the record.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.447 of 2022(2) dt.24-03-2022 3/3 two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, learned Judicial Magistrate-Ist Class, East, Muzaffarpur in connection with Hathauri P.S. Case No. 282 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T