O R D E R

1. The petitioners have been denied anticipatory bail in connection with Pipra P.S. Case No.262/2019 registered for the offences punishable under Sections 341, 323, 324, 325, 354, 307, 447, 147, 149, 504 and 506 of the Indian Penal Code. The First Signature Not Verified DigitaIlly snignfed boyrmation Report was lodged by one Ganganath Sahani on 29-7-2019.

VISHAL ANAND Date: 2024.10.25

18:33:01 IST Reaso2n:. It is not in dispute that the petitioners herein have been named in the FIR along with other co-accused. However, at the end of the investigation, charge-sheet came to be filed against the other co-accused persons whereas the petitioners herein were dropped as accused persons.

3. At the stage of taking cognizance on the filing of the charge- sheet, the Court of SDJM, Sadar, Motihari, Bihar passed the following order dated 20-4-2023 which reads thus:-

“IO has already submitted Charge-sheet along with Case Diary for the Offences u/s 341, 323, 324, 325, 354, 307, 447, 147, 149, 504, 506 IPC against accused persons as named in Col. No. 11 of the chargesheet and not sent up for Trial against accused 1. Ranjeet Sahani 2. Sikindra Sahani 3. Mohan Sahani and Naresh Sahani keeping investigation continue.

Heard the Ld. S.D.P.O. Perused the FIR, Charge-sheet, and Case Diary. In Para No. 2,6,7 of Case Diary witnesses take the name of all accused persons and corroborate the fact mentioned in F.l.R. Hence, a prima facie case for the offences u/s 341, 323, 324, 325, 354, 307,447, 147, 149, 504, 506 IPC is rnade out against accused persons namely 1, Laxman Sahani 2. Birendra Sahani 3. Sambhu Sahani 4. Ranjeet Sahani 5. Sikindra Sahani 6. Mohan Sahani and 7. Naresh Sahani as named in Colum No. 11 & 12 of the Charge-

sheet.

Accordingly, Cognizance is hereby taken for the aforesaid offences against the aforesaid accused persons.

Case Record is kept in personal file for commitment.

Split up the record as investigation is continue.

In this case accused Laxman Sahani is in custody.

Office is directed to issue P.W. against accused Laxman Sahani and summons against rest accused persons.

Put up on 08/05/2023 for appearance and production.”

4. Thus, the plain reading of the aforesaid Order passed by the Court of SDJM, referred to above, would indicate that although the IO though fit not to file charge-sheet against the petitioners herein, yet the Court having regard to the materials on record thought fit to take cognizance even against the four petitioners –

herein.

5. It is the case of the petitioners that they came to know about they being arrayed as accused persons in the said case only when the summons was issued to them by the Court.

6. In such circumstances, referred to above, apprehending arrest, they prayed for bail first before the Sessions Court and thereafter before the High Court.

7. The High Court declined to grant anticipatory bail.

8. In such circumstances, the petitioners are here before us.

9. We have heard learned counsel appearing for the petitioners.

10. We are of the view that the petitioners should challenge the legality and validity of the order dated 20-4-2023, `Annexure P8’ referred to above, i.e., the order of the Court of SDJM, Sadar Motihari, Bihar taking cognizance and issuing process against the petitioners herein before the appropriate Court in accordance with law.

11. We are not inclined to entertain this petition for the purpose of grant of anticipatory bail.

12. We leave it open for the petitioners to challenge the aforesaid order in accordance with law.

13. With the aforesaid, this petition stands disposed of.

14. We clarify that we have otherwise not gone into the merits of the case.

15. Pending applications also stand disposed of.

(VISHAL ANAND) (SAROJ KUMARI GAUR)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR