Sharwan Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9147 of 2019 Arising Out of PS. Case No.-196 Year-2018 Thana- KALUAHI District- Madhubani ====================================================== 1.

SHARWAN SAH, Son of Laxman Sah 2.

Ashok Sah Son of Laxman Sah Both Residents of Village - Khaparpura, P.S.- Kaluahi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 307, 323, 324, 325, 341, 354(B), 379, 448 and 504 of the Indian Penal Code. The prosecution case in short is that the accused persons came to the house of the informant and assaulted his daughter due to which she sustained injury.

It has been submitted on behalf of the petitioner that the petitioners are in custody since 19.12.2018 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. Due to land dispute, petitioner no. 2 is alleged to have

Patna High Court CR. MISC. No.9147 of 2019(3) dt.10-04-2019 2/2 assaulted by rod. The said injury is said to be simple in nature. As far as petitioner no. 1 is concerned, he is said to have given a farsa blow on the face of the victim causing grievous injury. It is further submitted that the petitioner no. 1 may be released after completion of nine months of custody.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner no. 2, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani in connection with Kaluahi P.S. Case No. 196 of 2018/C.R.I. Case No. 2510 of 2018. As far as petitioner is concerned, it is directed that after completion of nine months of custody, the petitioner no. 1, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani in connection with Kaluahi P.S. Case No. 196 of 2018/C.R.I. Case No. 2510 of 2018.

(Sudhir Singh, J) Pankaj/- U T