Sunil Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55419 of 2018 Arising Out of PS. Case No.-616 Year-2017 Thana- HAJIPUR District- Vaishali ======================================================

1. Sunil Sahni, S/o Hari Sahni,

2. Dharmendra Sahni, S/o Hari Sahni, Both are residents of Village- Mushapur Pura, P.S.- Patepur, Dist- Vaishali, at present residing at S.D.O. Road, P.S.- Town Hajipur, Dist- Vaishali at Hajipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that the accused persons including the petitioners assaulted the husband of the informant and co-accused Pappu Singh fired upon her husband from a pistol, due to which her husband died on the spot. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.55419 of 2018(2) dt.17-09-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case due to previous enmity. The main allegation is against co-accused Pappu Singh, who is alleged to have fired on the deceased which led to his death. The petitioners are said to be the members of unlawful assembly.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. case No.616 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T