Anil Prasad @ Anil Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3340 of 2016 Arising Out of PS.Case No. -152 Year- 2013 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. ANIL PRASAD @ ANIL SAH S/o Sahdeo Sah,
2. Manish Sah @ Manish Kumar, S/o Rajdeo Sah,
3. Gambhira Mahto @ Gamhira Mahto, S/o Ramji Mahto,
4. Pradip Sah, S/o Vijay Sah, All are resident of village - Kalwari Majharia, P.S. - Adapur, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 379, 385, 307/34 of the Indian Penal Code. The prosecution case is that on 09.10.2013 at about 8.00 P.M. the informant went near his house to ease out, when petitioners surrounded him and demanded extortion of Rs.5,000/-. On conveying the inability to made payment, petitioner no. 1 Anil Prasad @ Anil Sah order to kill the informant, thereafter petitioner no. 1 Anil Prasad @ Anil Sah, petitioner no. 2 Manish Sah @ Manish
Patna High Court Cr.Misc. No.3340 of 2016 (2) dt.21-01-2016 Kumar and petitioner no. 3 Gambhira Mahto @ Gamhira Mahto caught hold the informant. Petitioner no. 4 Pradip Sah made assault repeatedly, causing four injuries. It is submitted by the learned counsel for the petitioners that at earlier point of time the informant and his associates assaulted petitioner no. 4 Pradip Sah, as they were demanding extortion from the father of the petitioner, leading to the registration of Adapur P.S. Case No. 157 of 2013. Considering the fact that specific accusation of assault is against petitioner no. 4, Pradip Sah, this Court is not inclined to grant bail to him, let the learned court below consider the prayer for regular bail of the above named petitioner no.
4, if he surrenders before the learned court below within a period of six weeks from today in connection with Adapur P.S. Case No. 152 of 2013, pending in the court of learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari. So far as petitioner nos. 1, 2 and 3 are concerned, let the above named petitioner nos. 1, 2 and 3 be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari in connection with Adapur P.S.
Patna High Court Cr.Misc. No.3340 of 2016 (2) dt.21-01-2016 No. 152 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T