Hiralal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39738 of 2015 Arising Out of PS.Case No. -163 Year- 2015 Thana -MUFFASIL District- WEST CHAMPARAN(BETTIAH) ====================================================== Hiralal Sah, S/O Bangali Sah, resident of Village- Srinagar, Ojha Tola, P.S.- Bettiah Muffasil, Manuapul, District- West Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.39795 of 2015 Arising out of PS.Case No. -163 Year- 2015 Thana -MUFFASIL District- WEST CHAMPARAN(BETTIAH) ====================================================== Hiraman Sah @ Hiraman Saha, S/o Jagdeo Sah, resident of VillageSrinagar, Ojha Tola, P.S.- Manuapul, District- West Champaran. .... .... Petitioner

Versus

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

(In Cr.Misc. No.39738 of 2015) For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the Opposite Party : Mr. Gopesh Kumar(App) (In Cr.Misc. No.39795 of 2015) For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the Opposite Party : Mr. B.N. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are languishing in custody since 05.06.2015 and 03.04.2015 respectively in connection with

Patna High Court Cr.Misc. No.39738 of 2015 (3) dt.13-10-2015 2/3 Bettiah Muffasil(Manuapul) P.S. Case No. 163 of 2015 for the offences instituted under Sections 147, 148, 149, 323, 307, 302 and 504 of the IPC.

The prosecution story, in brief, is that on 01.04.2015, the informant's son, Ram Babu Sah, Shyam Babu Sah and others were playing cricket and in that course, exchange of abuses took place. Thereafter at about 7.00 P.M. while the informant was at his Darwaja alongwith his son, the informant's co-villagers, Bangali Sah, Jagdeo Sah, Dasrath Sah, Rambabu Sah, Shyambabu Sah, Heeralal Sah, Hiraman Sah, Jawahir Sah, Kishore Sah and Rakesh Jha, all armed with Iron rod, Bhala, Garasa and Lathi, came there and started abusing the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners are in custody since 05.06.2015 and 03.04.2015 respectively and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioners. The specific injury has been attributed against one Bangali Sah. No injury is attributed against the petitioners. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.39738 of 2015 (3) dt.13-10-2015 3/3 petitioners above named, 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 learned C.J.M., West Champaran at Bettiah in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 163/2015.

U.K./- (Sudhir Singh, J) U T