Amresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65194 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- BISHUNPUR District- Darbhanga ====================================================== 1.

AMRESH SAHNI Son of Niras Sahni Resident of Village-Fulwariya, Police Station-Bishanpur and District-Darbhanga.

2.

Manoj Sahni Son of Shivnath Sahni Resident of Village-Fulwariya, Police Station-Bishanpur and District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-10-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bishanpur Police Station Case No. 36 of 2019, disclosing offences under Sections 147/148/149/323/341/324/307/504/506 of the Indian Penal Code.

The allegation against the petitioners is that the petitioner no. 1 assaulted Raj Kumar Mahto by means of ironrod and petitioner no. 2 assaulted one Manoj Mahto by means of khanti.

Learned Counsel for the petitioners submits that the prosecution party has misbehaved with the daughter of Ram

Patna High Court CR. MISC. No.65194 of 2019(2) dt.25-10-2019 2/3 Dular Sahani, who belongs to the side of the petitioners. He further submits that altogether 11 persons have been made accused in this case and from perusal of the impugned order, it would be evident that injuries caused to the victims have been found to be simple in nature. He, referring to Annexure-3, submits that similarly situated co-accused person has been granted anticipatory bail by this Court by order, dated 16.08.2019, passed in Criminal Misc. No. 50840 of 2019. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, injuries caused to the injured persons are found to be simple in nature and similarly situated coaccused person has been granted anticipatory bail by this Court, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 7th Additional Chief Judicial Magistrate, Darbhanga, in connection with Bishanpur Police Station Case

Patna High Court CR. MISC. No.65194 of 2019(2) dt.25-10-2019 3/3 No. 36 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √