Allowed

Dilip Sahani v. The State of Bihar

Patna HC24 Sept 2019CR. MISC./43696/2019

Case brief

AI extract

What is this about?

This oral order granted anticipatory bail to five petitioners in connection with Industrial Area P.S. Case No. 195 of 2018, citing similarity to a coordinate bench's order for a co-accused and regular bail for the main accused.

What did the court decide?

Released on bail upon arrest or surrender within four weeks upon furnishing bonds of Rs. 15,000 with two sureties and complying with conditions under Section 438(2) CrPC.

Dilip Sahani Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43696 of 2019

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Arising Out of PS. Case No.-196 Year-2018 Thana- MAHUA District- Vaishali

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DILIP SAHANI Son of Nageshwar Sahani Resident of Village - Paharpur Tola Gadhiyan, P.S.- Mahua, District- Vaishali

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Silpa Sahani Son of Nageshwar Sahani Resident of Village - Paharpur Tola Gadhiyan, P.S.- Mahua, District- Vaishali

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Nageshwar Sahani son of Late Kula sahani Resident of Village - Paharpur Tola Gadhiyan, P.S.- Mahua, District- Vaishali

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Pankaj Sahani Son of Parmeshwar Sahani Resident of Village - Paharpur Tola Gadhiyan, P.S.- Mahua, District- Vaishali

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Dhanai Sahani Son of Parmeshwar Sahani Resident of Village - Paharpur Tola Gadhiyan, P.S.- Mahua, District- Vaishali

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... ... Petitioners

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Versus

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The State of Bihar

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... ... Opposite Party

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Appearance :

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For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. Akhileshwar Dayal, APP

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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4 24-09-2019

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Heard learned counsel for the petitioners and

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learned APP for the State.

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Petitioners in the present case are seeking anticipatory

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bail in connection with Mahua P.S. Case No. 196 of 2018 registered for the offences punishable under Sections 341, 323, 324, 307, 506/34 of the Indian Penal Code.

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Learned counsel for the petitioners submits that coaccused Pramod Sahani who is alleged to have assaulted the informant’s father with Farsa causing injury on his abdomen has been admitted to regular bail by the learned trial court. It is

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Patna High Court CR. MISC. No.43696 of 2019(4) dt.24-09-2019 2/3

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submitted that against these petitioners there are general and omnibus allegation. It is further submitted that co-accused Sakal Sahni has been admitted to anticipatory bail by a learned coordinate Bench of this Hon’ble Court in Cr. Misc. No. 38715 of 2019 and the case of the petitioners is similar to that of coaccused Sakal Sahni.

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Learned APP has verified from the records and it is found that the case of these petitioners are similar to that of coaccused Sakal Sahni.

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Considering the facts and circumstances of the case wherein it is stated that the case of these petitioners are similar to that of one Sakal Sahani and other co-accused against whom there is no specific allegation of assault and further that the main accused Pramod Sahni has been granted regular bail by the learned trial court, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today in connection with Industrial Area P.S. Case No. 195 of 2018 be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

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Patna High Court CR. MISC. No.43696 of 2019(4) dt.24-09-2019 3/3

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(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

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(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

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(iii) a condition that the person shall not leave India without the previous permission of the Court.

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(Rajeev Ranjan Prasad, J)

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avin/-

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U T

Dilip Sahani v. The State of Bihar

Case brief

What is this about?

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Dilip Sahani v. The State of Bihar

Case brief

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