Shiv Shanker Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41457 of 2014 Arising Out of PS.Case No. -61 Year- 2014 Thana -SHEOHAR District- SHEOHAR ======================================================

1. Shiv Shanker Sahni, Son of Late Sipan Sahni

2. Ranjit Sahni, Son of Shiv Shankar Sahni Both Resident of Village - Kanuani, P.S. - Sheohar, District - Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Ashok Kr.Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-03-2015 Heard.

The petitioner no.2 Ranjit Sahni apprehends his arrest in a criminal prosecution registered under Section 307 and some other allied offences under the Indian Penal Code. Taking into consideration the fact that there appears to be a case and counter case vide Annexure-1 and 2 respectively from both sides and further taking into consideration the fact that on account of free fight between the parties both the sides sustained injuries and also taking into consideration the fact that Ram Chandra Sahni (informant) is said to have sustained simple injury on his person, this Court is inclined to accede to the prayer made on behalf of the petitioner no.2 for grant of anticipatory bail. Accordingly, his prayer for grant of anticipatory bail is allowed. In the event of his arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner no.2 be enlarged on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.41457 of 2014 (3) dt.20-03-2015 satisfaction of learned C.J.M., Sheohar in connection with Sheohar P.S. Case No. 61 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and subject to further conditions that:

(A) One of the bailors must be government servant or close family member of the petitioner no.2, who will file an affidavit in the court below showing his/her relationship with him, (B) if the petitioner no.2 is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner no.2, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(C) the petitioner no.2 shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner no.2 fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner no.2.

(Birendra Prasad Verma, J) Arvind/- U T