Horil Sahani And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38877 of 2015 Arising Out of PS.Case No. -46 Year- 2015 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Horil Sahani S/o Sahdev Sahani
2. Bhulan Sahani S/o Sahdev Sahani Both Resident of Village Bagahi, P.S. Darpa, District West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Yadav For the Opposite Party/s : Mr. Aditya Narayan Singh - 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,341,283,324,307,379 and 504 of the Indian Penal Code. The prosecution case is that on 18.5.2015 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 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. Petitioner no. 2 caused injury to the informant's grand daughter with knife on her neck. Other accused
Patna High Court Cr.Misc. No.38877 of 2015 (2) dt.01-10-2015 2/2 persons also caused hurt to the informant and his son. It is further alleged that co accused Lochhandeo Sahani took out twenty five thousand rupees from the cashbox of the informant's shop. It is submitted by the learned counsel for the petitioners that for the occurrence of 18.5.2015 the FIR was registered on 23.5.2015 but the petitioners side lodged the case on 18.5.2015 itself. The injury has been found to be simple and the petitioners side have also received injuries. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Motihari in connection with Darpa P.S. Case No.46 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T