← Library
Patna High CourtCR. MISC./67449/2022bail granted

Vijay Sahni v. The State Of Bihar

2023-04-26Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67449 of 2022 Arising Out of PS. Case No.-145 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

VIJAY SAHNI S/O BILTU SAHNI Resident of village- Chand Saraiya, P.S.- Piprakothi, District- East Champaran.

2.

MOHAN SAHNI S/O RATAN SAHNI Resident of village- Chand Saraiya, P.S.- Piprakothi, District- East Champaran.

3.

GAYA SAHNI S/O NATHUNI SAHNI Resident of village- Chand Saraiya, P.S.- Piprakothi, District- East Champaran.

4.

BALMIKI KUMAR S/O BHIKHARI SAH Resident of village- Chand Saraiya, P.S.- Piprakothi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 26-04-2023 Heard both the parties.

2. The petitioners, namely Vijay Sahni, Mohan Sahni, Gaya Sahni and Balmiki Kumar seek bail in anticipation of their arrest in connection with Piprakothi P.S. Case No.145 of 2022 dated 17.05.2022, instituted for the offences under Sections147, 148, 149, 332, 333, 353 and 504 of I.P.C.

3. The petitioners are stated to have been members of a huge crowd which gathered on account of an accident due to which the road was blocked for 4 hours.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.67449 of 2022(2) dt.26-04-2023 2/3 petitioners were only passers by and had no role to play.

5. Learned A.P.P. opposes the prayer of anticipatory bail of the petitioners.

6. Taking into consideration of the facts and circumstances, I am inclined to grant bail to the above named petitioners and, in the event of arrest, they shall be released on bail, subject to the conditions as laid down under Section 438(2) of Cr.P.C., which are held as under:- I. The petitioners shall cooperate with the investigation and make themselves available for interrogation, whenever required.

II. The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. III. The petitioners shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police. IV. The petitioners shall maintain law and order. V. The petitioners shall, at the time of execution of the bond, furnish their address and mobile number to the investigating officer and the court concerned and shall not

Patna High Court CR. MISC. No.67449 of 2022(2) dt.26-04-2023 3/3 change the residence till the final disposal of the case. V. The petitioners shall surrender their passport, if any, before the investigating officer within a week and, if they do not possess any passport, they shall file an affidavit to that effect before the investigating officer.

VI. The petitioners shall regularly remain present during the trial and cooperate with the Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) K.C.Jha/- Item No.61 U