Sarwan Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63447 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Sarwan Sahani, Son of Sevak Sahani @ Ramsevak Sahani,

2. Raj Kumar Sahani, Son of Sevak Sahani @ Ramsevak Sahani, Resident of village- Kothiya, P.S.- Mithanpura, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Kanti PS case no. 109 of 2017 registered for the offences punishable under Sections 341, 323, 324, 326A, 307/34 of Indian Penal Code.

The allegation against the petitioners herein is throwing acid on the body of the informant resulting in burn injuries and when the cousin of the informant had come to rescue him, one of the co-accused Bharat Sahani had inflicted dabia blow on his head resulting in head injury to him.

The learned counsel for the petitioners submits that the present case arises out of case and counter case and the petitioners herein have been falsely implicated in the present case inasmuch as the allegation whatsoever is against the said

Patna High Court Cr.Misc. No.63447 of 2017 (3) dt.30-01-2018 2/2 co-accused person namely Bharat Sahani who had inflicted dabia blow on the head of the cousin of the informant. It is further submitted that as far as the petitioners are concerned, they have been said to have been thrown acid on the body of the informant but no grievous injury has been found on the person of the informant during medical examination. It is further submitted that the petitioners have clean antecedents.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Kanti PS case no. 109 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T