Arun Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44091 of 2015 Arising out of PS.Case No. -165 Year- 2014 Thana -SHEOHAR District- SHEOHAR ======================================================
1. Arun Sahni, Son of Bipat Sahni.
2. Ashok Sahni, Son of Late Pukar Sahni.
3. Biru Sahni, Son of Late Pukar Sahni.
4. Jitu Sahni @ Jeetu Sahni, Son of Late Pukar Sahni.
5. Nanhak Sahni, Son of Late Pukar Sahni.
6. Dinesh Sahni, Son of Bipat Sahni. All Resident, of Village- Ukani, P.S.- Sheohar, District- Sheohar.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Devendra Kumar, Advocate. For the Opposite Party : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2015 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are languishing in custody since 05.08.2015 in connection with Sheohar P.S. Case No. 165 of 2014 for the offences instituted under Sections 323, 307, 379, 504 and 506/34 of the IPC. Later on, Section 302 I.P.C. was also added. The prosecution story, in brief, is that there are dispute of Rasta in between the informant party and accused persons. On the alleged date, time and place of occurrence, accused person including petitioners appeared and started abusing and assaulting
Patna High Court Cr.Misc. No.44091 of 2015 (3) dt.17-12-2015 2/3 Kalam Kumari and Aitawariya Devi, Bipat Sahni assaulted with Iron rod to Kalam Kumari and Ashok Sahni, assaulted sister-inlaw of the informant on her hand and thereafter, all the family members of the informant ran and then all of them have been assaulted and thereafter Jeetu Sahni, Biru Sahni and Ajit Sahni assaulted all of them with lathi, danda and rod, resulting Kalam Devi became senseless and brother of the informant was assaulted by brick by Bipat Sahni and further they snatched silver necklace from Ajitawariya Devi.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners are in custody since 05.08.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering of the evidence against the petitioners. No specific injury has been attributed against the petitioners. Specific injury is against one Deepak Sahni. General and omnibus allegation has been made against the petitioners.
On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the
Patna High Court Cr.Misc. No.44091 of 2015 (3) dt.17-12-2015 3/3 like amount each to the satisfaction of the learned C.J.M., Sheohar, in connection with Sheohar P.S. Case No. 165/2014. U.K./- (Sudhir Singh, J) U T