Manoj Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67364 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- PIPRA District- East Champaran ====================================================== 1.

MANOJ SAHANI Son of Ajay Sahani Resident of Village - Chintamanpur, P.S.- Pipra, Distt - East Champaran.

2.

Rambabu @ Ram Kumar Son of Late Mokhtar Sahani Resident of Village - Chintamanpur, P.S.- Pipra, Distt - East Champaran. 3.

Sikinlal Sahani Son of Late Mokhtar Sahani Resident of Village - Chintamanpur, P.S.- Pipra, Distt - East Champaran. 4.

Bablu Kumar Son of Late Mokhtar Sahani Resident of Village - Chintamanpur, P.S.- Pipra, Distt - East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code, registered in connection with Pipra P.S.Case No. 87 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties, who are agnates. The accusations are general and omnibus in nature, except petitioner no.1 along with another co-accused,

Patna High Court CR. MISC. No.67364 of 2019(2) dt.06-11-2019 2/3 who are said to have assaulted the informant's uncle with farsa, a sharp-cutting object which is, however, not corroborated as the injury report discloses simple injury caused by hard and blunt substance. The petitioners claim clean antecedents.

4. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra P.S Case No 87 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.67364 of 2019(2) dt.06-11-2019 3/3 (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T