Pradeep Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48421 of 2014 Arising Out of PS.Case No. -40 Year- 2013 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Pradeep Sah S/o Rameshwar Sah

2. Shyam Babu Sah S/o Rameshwar Sah Both are Resident of Village Rampurwa, P.S. Mainatand, District West Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-03-2015 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case for the offence punishable under Sections 147, 148, 149, 341, 448, 323, 324, 379 and 504 of the Indian Penal Code and later on Section 302 of the Indian Penal Code is added. The allegation against petitioner no. 1 is to have assaulted Bhikhar Sah, father of the informant and the allegation against petitioner no. 2 is to have assaulted Bhuwan Sah, brother of the informant. The allegation of assault against Kanti Devi (deaceased), mother of the informant, is against Mira Devi and Pratima Kumari. It is submitted on behalf of the petitioners that there has been free-fight between both the parties and mother of the petitioner Mira Devi has also lodged Mainatand P. S. Case no. 39 of 2013 against the informant and his relatives for the offence punishable under Section 307 and other allied sections of the Indian

Patna High Court Cr.Misc. No.48421 of 2014 (3) dt.13-03-2015 2/2 Penal Code. The injuries caused by the petitioners are simple in nature. So far the cause of death of the deceased has not been ascertained during post mortem examination although the injury caused to the deceased was found simple at the time of treatment. The petitioners have no criminal antecedents.

Learned counsel for the State submits that during investigation the name of petitioner no. 1 has also appeared to have assaulted the deceased.

Considering the facts and circumstances of this case, the above-named petitioners are directed to 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 Chief Judicial Magistrate, Bettiah, West Champaran in Mainatand P. S. case no. 40 of 2013 with the following conditions :

1. One of the bailors will be the close relative of the petitioners.

2. The petitioners will not indulge in similar or in any other offence.

3.

The petitioners will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bonds will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T