Mukesh Sah @ Mukesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5556 of 2016 Arising out of PS.Case No. -261 Year- 2015 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Mukesh Sah @ Mukesh Kumar.

2. Jitendra Kumar Sah @ Jitendra Kumar.

3. Sanoj Sah @ Sanoj Kumar.

4. Rakesh Sah @ Rakesh Kumar.

5. Lalu Sah.

6. Manoj Sah. All are sons of Sukhai sah, resident of Mohalla Huse Chapra, Nai Basti, P.S. Town, Distt Saran at Chapra.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Vijay Kumar, Advocate. For the Opposite Party : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Chapra Town P.S. Case No. 261 of 2015 for the offences instituted under Sections 147, 148, 149 341, 323, 324, 307, 379 and 504 of the IPC.

The prosecution story, in brief, is that on 05.08.2015 at about 10.00 P.M. when the informant came at his house after ending drive, all the petitioners abused and assaulted the wife of the informant and his two sons. Thereafter, the informant protested

Patna High Court Cr.Misc. No.5556 of 2016 (2) dt.28-03-2016 2/2 then all accused persons assaulted with Lathi and rod blow on the head of the informant and took the Mangalsutra of the informant. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is a case and counter case. The injury on the part of the petitioners' side has not been explained by the prosecution. General and omnibus allegation has been made against the petitioners. No specific injury has been 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 petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Chapra Town P.S. Case No. 261/2015 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., Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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