Heera Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5697 of 2017 Arising Out of PS.Case No. -139 Year- 2016 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================

1. Heera Sah, Son of Chandra Shekhar Sah

2. Bilash Mandal, Son of Late Bisho Mandal Both Resident of VillageManiagachhi, P.S.-Uda Kishunganj, District-Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Sri Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-04-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are accused in connection with UdaKishunganj P.S. Case No. 139 of 2016 registered under Sections 324,307/34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case due to land dispute. The fact is that the informant is 75 years old and is unable to identify the culprits. The only allegation levelled against the petitioner 2 is that he was order giver.

Having considered the facts and circumstances of the case, let the petitioner no. 2 namely, Bilash Mandal, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with

Patna High Court Cr.Misc. No.5697 of 2017 (3) dt.24-04-2017 2/2 two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Uda-Kishunganj in connection with Uda-kishunganj P.S. Case No. 139 of 2016. So far as prayer for bail of petitioner no. 1 is concerned, considering the nature of allegation, I do not feel inclined to grant him the privilege of bail. Therefore, his prayer for bail is rejected. (Arvind Srivastava, J) Prakash/- U T