Upendra Sahani And ORS v. The State Of Bihar.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3251 of 2019 Arising Out of PS. Case No.-357 Year-2017 Thana- KUDHNI District- Muzaffarpur ======================================================
1. Upendra Sahani son of Rajdeo Sahani. resident of Village- Padmaul, P.S.- Kudhani, District- Muzaffarpur.
2. Balendra Sahani @ Balindar Sahani son of Rajdeo Sahani. resident of Village- Padmaul, P.S.- Kudhani, District- Muzaffarpur. .
3. Ravindra Sahani son of Rajdeo Sahani. resident of Village- Padmaul, P.S.- Kudhani, District- Muzaffarpur.
4. Chandan Sahni @ Chandan Kumar son of Jai Karan Sahani. resident of Village- Padmaul, P.S.- Kudhani, District- Muzaffarpur.
5. Manoj Sahani @ Manoj Kumar son of Jai Karan Sahani. resident of VillagePadmaul, P.S.- Kudhani, District- Muzaffarpur.
6. Anil Sahani son of Rameshwar Sahani, resident of Village- Padmaul, P.S.- Kudhani, District- Muzaffarpur.
... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha For the Opposite Party/s :
Mr.Pranav Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Kudhani (Kurhani) P.S. Case No. 357 of 2017 for the offence under Sections 147, 148, 149, 341, 323, 324, 354, 379, 307, 506 of the Indian Penal Code and Section 27 of the Arms Act. There is allegation that petitioner No.6 gave a blow with sharp cutting weapon in the informant's head causing injuries. It is also alleged that when the informant's brother came in rescue, the petitioner No.5 inflicted blow with an iron rod. There is allegation of snatching golden chain of the
Patna High Court Cr.Misc. No.3251 of 2019(2) dt.24-01-2019 2/3 informant's wife.
It is submitted on behalf of the petitioners that for an occurrence, which is said to have taken place on 27.08.2017, based on fard beyan of the informant on 01.09.2017, a case came to be instituted on 07.09.2017. There is no explanation for delay in registration of the First Information Report and the injury does not support the case of the prosecution. Considering the nature of accusation and the injury found, as indicated in the order of the learned 2nd Additional Sessions Judge, Muzaffarpur, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sri Nayan Kumar, learned J.M.
1st Class (West), Muzaffarpur in Kudhani (Kurhani) P.S. Case No. 357 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.3251 of 2019(2) dt.24-01-2019 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T