Visun Deo Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75034 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- HATHAURI District- Samastipur ====================================================== 1.

VISUNDEO SAHANI (Age-39 years, Gender-Male), Son of Ramadhar Sahani.

2.

Shashi Yadav @ Shashi Bhushan Kumar Yadav (Age-41 years, GenderMale), Son of Ramdeo Yadav. 3.

Ram Sagar Yadav (Age-45 years, Gender-Male), son of Upendra Yadav. 4.

Sohit Poddar (Age-31 years, Gender-Male) Son of Gajendra Poddar. 5.

Rudal Mukhiya (Age-35 years, Gender-Male) Son of Tripeshwar Mukhiya. 6.

Vishnu Yadav @ Bishuni Yadav (age-36 years, Gender-Male), Son of Lakhi Yadav @ Lakhichand Yadav.

All resident of Village - Kankar, Shivaji Nagar, P.S. - Hathauri, District- Samastipur.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Hathauri (Shivaji Nagar O.P) P.S. Case No. 97 of 2019, registered for the offence under Sections 147, 148, 149, 188, 307, 323, 333, 341, 353, 427 and 504 of the Indian Penal Code and under Section 3 & 9 of the Bihar Control of Use and Play of Loudspeaker Act, 1955.

It has been alleged that on the occasion of "Nag Panchami", the local people had organized Orkeshtra party. The Police went there and found that the programme was going on beyond the prescribed time and found that all the persons were

Patna High Court CR. MISC. No.75034 of 2019(3) dt.06-03-2020 2/2 in drunken condition and also recovered huge quantity of liquor. Learned counsel for the petitioners submits that no specific allegation has been made against these petitioners, inasmuch as, the petitioners have no criminal antecedent. Considering the entire facts and circumstances of the case, let the petitioners, above named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera, District- Samastipur, in connection with Hathauri (Shivaji Nagar O.P.) P.S. Case No.

97 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is also subject to the condition that the petitioners will report to the nearest Police Station in the first weeks of every month for three months, failing which, the present order will be treated to have been cancelled.